Agenda packet — Santa Ana City Council, August 20, 2024 (part 1 of 6)

City Council Meeting Packet
August 20, 2024
CLOSED SESSION MEETING – 4:30 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Alvaro Nuñez
City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • City Council 1 8/20/2024
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request tospeakbydialing*9fromyourphoneoryoumayvirtuallyraiseyourhandfromZoom City Council 2 8/20/2024
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voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

MAILING OPTION written communications – Public comments may be mailed to:

After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak.

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“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.

La ciudad provee servicios de interpretación al español en las juntas del Consejo.

La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
City Council 4 8/20/2024
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Valdez Gonzalez, Irinea v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30202301303178CUPAWJC
B. In re Aqueous FilmForming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18mn2873RMG

2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One (1) case – Union Pacific

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE–CityCouncilwillreconvenetocontinueregularCitybusiness City Council 5 8/20/2024
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Case No. 30202301303178CUPAWJC
B. In re Aqueous FilmForming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18mn2873RMG

2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One (1) case – Union Pacific

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Rabbi Sharon Sobel, Temple
Beth Shalom
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Certificates of Recognition presented by Mayor Amezcua to the 2024 Back to School Community Resource Fair Planning Committee for Outstanding Contributions to the Community

2. Certificates of Recognition presented by Mayor Pro Tem Phan to the Asian American Senior Citizens Service Center YEAH Youth Program Committee and Panelists for Outstanding Contributions to the Community

3. City Tile presented by Councilmember Bacerra to Winston Covington for Outstanding Contributions to the Community

4. Proclamation presented by Councilmember Hernandez to the Funk Freaks and Psycho Realm declaring August 2024 as Chicano Heritage Month

5. Certificate of Recognition presented by Councilmember Lopez to Khalil Bey for City Council 6 8/20/2024
Community

3. City Tile presented by Councilmember Bacerra to Winston Covington for Outstanding Contributions to the Community

4. Proclamation presented by Councilmember Hernandez to the Funk Freaks and Psycho Realm declaring August 2024 as Chicano Heritage Month

5. Certificate of Recognition presented by Councilmember Lopez to Khalil Bey for Outstanding Contributions to Public Safety

6. Proclamation presented by Councilmember Vazquez to Dorothy Mulkey for Outstanding Contributions to the Community
STAFF PRESENTATIONS

7. SoCalGas Presentation of Climate Adaptation Grant
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 37 and waive reading of all resolutions and ordinances.

8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

9. Minutes from the Regular Meeting of August 6, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

10. 2024 Local Agency Biennial Notice RE: Conflict of Interest Code Review Department(s): City Clerk’s Office
Recommended Action: Receive and file the Fair Political Practices Commission 2024 Local Agency Biennial Notice advising that the City’s Conflict of Interest Code is currently under review.

11. Receive and File the 20232024 Orange County Grand Jury Report: Talking Trash:

Recyclables and Organic Waste
Department(s): Public Works Agency
Recommended Action: Receive and file the report.

City Council 7 8/20/2024
Department(s): City Clerks Office
Recommended Action: Receive and file the Fair Political Practices Commission 2024 Local Agency Biennial Notice advising that the City’s Conflict of Interest Code is currently under review.

11. Receive and File the 20232024 Orange County Grand Jury Report: Talking Trash:

Recyclables and Organic Waste
Department(s): Public Works Agency
Recommended Action: Receive and file the report.

12. Citywide Purchase Order Contract to Amazon Capital Services, Inc. for the Online Marketplace Purchase of Goods (Specification No. 24091) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services
Recommended Action: Award a citywide purchase order contract to Amazon Capital Services, Inc. for online marketplace purchases of goods for a three andahalf year term beginning August 1, 2024 and expiring January 18, 2028, for an annual amount not to exceed $650,000.

13. Aggregate Purchase Order Contracts with Promotethis!, Impact PromoSource, LLC (previously Graphic Printsource, Inc.), and Superior Promos for Promotional Items (Specification No. 23024) (General Fund and NonGeneral Fund) Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an amendment to increase the annual aggregate nottoexceed amount of the citywide purchase order contracts with vendors listed below by $355,000 for promotional items, for a new annual aggregate amount not to exceed amount of $550,000.

Vendor Location
Impact PromoSource,
LLC Corona, CA
Promotethis! Huntington Beach, CA
Superior Promos Brooklyn, NY

14. Purchase Order to AirGap Labs, LLC for Firewall Hardware and Services (Specification No. 24096) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to AirGap Labs, LLC for firewall hardware, including installation services and fiveyear subscription, in an amount not to exceed $96,054.

15. Aggregate Purchase Order Contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for Storage Container Purchase, Rental, Disposal, Transport, and Repair Services (Specification No. 24053) (NonGeneral Fund) Department(s): Public Works Agency
RecommendedAction:AwardaggregatepurchaseordercontractstoBizonGroup City Council 8 8/20/2024
Department(s): Information Technology
Recommended Action: Authorize a onetime purchase and payment of purchase order to AirGap Labs, LLC for firewall hardware, including installation services and fiveyear subscription, in an amount not to exceed $96,054.

15. Aggregate Purchase Order Contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for Storage Container Purchase, Rental, Disposal, Transport, and Repair Services (Specification No. 24053) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for asneeded storage container purchase, rental, disposal, transport, and repair services, in an annual aggregate amount of $110,000, for a total aggregate amount not to exceed $550,000, for an initial oneyear term beginning August 21, 2024 and expiring August 20, 2025, with provisions for four 1year renewal options.

16. Purchase Order Contracts to Daniels Tire Service and Parkhouse Tire, Inc. for Vehicle Tires (Specification No. 24088) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to Daniels Tire Service and Parkhouse Tire, Inc. for vehicle tires for a threeyear period beginning August 20, 2024 and expiring August 19, 2027, with provisions for two, oneyear renewal options, in an annual aggregate amount not to exceed $200,000.

17. Legal Services Agreement with Hanson Bridgett, LLP (General Fund) Department(s): City Attorney’s Office
Recommended Action: Approve a legal services agreement with Hanson Bridgett, LLP to provide legal and investigative services with a term through June 30, 2025 with an optional oneyear extension, and compensation not to exceed $200,000 (Agreement No. A2024XXX).

18. Agreement with BrightLife Designs, LLC for Holiday Decorations, Installation, Removal, and Storage (Revive Santa Ana)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with BrightLife Designs, LLC to install, remove, and store holiday decorations in Downtown Santa Ana for a threeyear term beginning September 1, 2024 and ending February 1, 2027, in the amount not to exceed $144,400 (Agreement No. A2024 XXX).

19. Agreement with Cherry Bekaert Advisory LLC for Indirect Cost Allocation Plan and Internal Service Fund Cost Allocation Methodology Services Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC for Indirect Cost Allocation Plan and Internal Service Fund Cost Allocation Methodology Services for a total aggregate amount not to exceed $150,000 for a threeyear term beginning August 20, 2024 and expiring August 19, 2027, with a provision for a twoyear extension (Agreement No. A2024 City Council 9 8/20/2024

20. Agreement with Siemens Industry, Inc. for the Main Library and Outdoor Library at Jerome Park Projects (General Fund)
Department(s): Library
Recommended Action: Authorize the City Manager to execute an agreement with Siemens Industry, Inc. for equipment, licenses, construction oversight of security camera installation, and integration into the City network for the Main Library Renovation and Outdoor Library at Jerome Park projects, in the amount of $64,200, with a 10% contingency, for a total not to exceed amount of $70,620, for a term expiring December 31, 2026, with a provision for a oneyear extension (Agreement No. A 2024XXX).

21. Amendment to Agreement with Group 4 Architecture, Research + Planning, Inc. for the Main Library Renovation Project (221380) (Revive Santa Ana) Department(s): Library
Recommended Action: Approve a first amendment to an agreement with Group 4 Architecture, Research + Planning, Inc. for additional design and engineering services, increasing the compensation amount by $499,383, for a total nottoexceed amount of $2,657,948 (Agreement No. A2024XXX).

22. Agreement with Pennell Consulting, Inc. for Jail Security Control System Upgrade Consulting Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Pennell Consulting, Inc. to provide consulting, system design, and project management services to the City of Santa Ana Police Department Jail for a threeyear term beginning August 20, 2024 and ending August 19, 2027, with two oneyear extension options, in an amount not to exceed $193,184 (Agreement No. A2024 XXX).

23. Agreement with PowerDMS for Field Training Management Software and Community Engagement Software (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with PowerDMS (Agreement No. A2024XXX) for software subscriptions as follows:

Oneyear subscription to PowerReady for field training software in an amount not to exceed $8,074 for the period of March 28, 2025 through March 27, 2026 Twoyear subscription to PowerEngage for citizen engagement software in an amount not to exceed $59,375 for the period of September 1, 2024 through At312026
City Council 10 8/20/2024
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with PowerDMS (Agreement No. A2024XXX) for software subscriptions as follows:

24. Memorandum of Understanding, First Amendment, and Appropriation Adjustment Accepting the FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant (NonGeneral Fund)
Department(s): Police Department
Recommended Action:

1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding and the First Amendment with the City of Anaheim Police Department accepting FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant funds in the amount of $75,000 for the period of October 1, 2023 through September 30, 2026 (Agreement No. A2024XXX).

2. Approve an appropriation adjustment recognizing $75,000 in the Department of Justice Grants revenue account and appropriate same to the Office for Victims of Crime Human Trafficking expenditure accounts. (Requires five affirmative votes)

25. Award a Construction Contract to All American Asphalt for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project (Project No. 236702) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $972,882 in Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) grant from Select Street Construction, State GrantDirect revenue account and appropriate the same amount into the Select Street Construction, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $676,000 of prioryear fund balance from Special Gas Tax, Prior Year Carry Forward and Select Street Construction, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and HUTA 2103 Gas Tax, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

3. Approve an appropriation adjustment to transfer $30,907 from Roadway Maintenance, Improvements Other Than Buildings, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and Select Street Construction, Improvements Other Than Buildings, Improvements Other Than Buildings, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

4. Authorize a budget reallocation of $44,590 in unspent funds from the Santa Clara Avenue Bike Lane from Lincoln Avenue to Tustin Avenue Project (No. 236997) and $30,907 from Omnibus Concrete Program Support Project (No. 226970) to City Council 11 8/20/2024
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Maintenance, Improvements Other Than Buildings, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and Select Street Construction, Improvements Other Than Buildings, Improvements Other Than Buildings, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

4. Authorize a budget reallocation of $44,590 in unspent funds from the Santa Clara Avenue Bike Lane from Lincoln Avenue to Tustin Avenue Project (No. 236997) and $30,907 from Omnibus Concrete Program Support Project (No. 226970) to construction funds for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project (No. 236702).

5. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program (CIP) to include $972,882 from Select Street Construction funds, $676,000 from HUTA 2103 Gas Tax funds, and $75,497 in unspent funds from projects 226970 and 236997, for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project.

6. Approve the Project Cost analysis for a total estimated construction delivery cost of $2,242,499, which includes $1,793,999, for the construction contract; $269,100 for contract administration, inspection, and testing; and a $179,400 project contingency for unanticipated or unforeseen work.

7. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,793,999, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

8. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202329 was filed for Project 236702.

26. Construction Contract with Legion Contractors, Inc. for the Outdoor Library at Jerome Park Project (Project No. 221381 & 257523) (General Fund and NonGeneral Fund) (Revive Santa Ana)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,270,040 of various funding sources listed below for the Outdoor Library at Jerome Park.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,720,040, which includes $3,336,400 for the construction contract, $50,000 for contract administration, inspection, and testing, and a $333,640 project contingency for unanticipated or unforeseen work.

3. Award a construction contract to Legion Contractors, Inc. the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $3,336,400, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Outdoor Library at Jerome Park Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202434 was filed for Project 221381. 27AwardaConstructionContracttoCJConcreteConstructionfortheLegacySquare City Council 12 8/20/2024
$3,336,400, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Outdoor Library at Jerome Park Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

27. Award a Construction Contract to CJ Concrete Construction for the Legacy Square Transportation Improvements Project (Project No. 229001(20AHSC14700)) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $1,433,200, subject to change orders in accordance with the Greenbook:

Standard Specifications for Public Works Construction, for construction of the Legacy Square Transportation Improvements Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,798,079, which includes $1,433,200 for the construction contract; $221,559 for contract administration, inspection, and testing; and a $143,320 project contingency for unanticipated or unforeseen work.

3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA guidelines for projects consisting of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA guidelines, and Categorical Exemption Environmental Review No. ER202392 was filed for Project 229001.

28. Agreement with Bernards Bros, Inc., for Construction Management at Risk Services for the State Building Demolition Project (Project No. 249002) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Bernards Bros, Inc. to perform Construction Management at Risk services for the State Building Demolition Project in the amount of $765,481, with a contingency of $84,519, for a total amount of $850,000, for a twoyear term beginning August 20, 2024 and expiring August 19, 2026, with an option for two, oneyear extensions (Agreement No. A2024XXX).

29. Agreement with Mariposa Landscape Inc. for Landscape Maintenance Services at Water Production Facilities and the Corporate Yard (Specification No. 24018) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Mariposa Landscape Inc. for landscape maintenance services for a threeyear term beginning August 20, 2024 and expiring August 19, 2027, with a provision for two, oneyear renewal options, for an aggregate amount of $695,760, including a contingency of $160,560, for the term of the agreement, including renewal options exercisable by the City Manager (Agreement No. A2024XXX).

City Council 13 8/20/2024
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Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Mariposa Landscape Inc. for landscape maintenance services for a threeyear term beginning August 20, 2024 and expiring August 19, 2027, with a provision for two, oneyear renewal options, for an aggregate amount of $695,760, including a contingency of $160,560, for the term of the agreement, including renewal options exercisable by the City Manager (Agreement No. A2024XXX).

30. Agreement with E Source Companies, LLC for Automated Metering Infrastructure Implementation Support Services (Project 166460) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with E Source Companies, LLC to provide Automated Metering Infrastructure implementation support services, for a total amount not to exceed $450,000, for a threeyear term beginning August 20, 2024 and expiring December 31, 2027, with a provision for one twoyear extension (Agreement No. 2024XXX).

31. License Agreement with K&C Logistics, LLC for their use of CityOwned East and West Alton Avenue/SR55 Freeway Parcel
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a license agreement with K&C Logistics, LLC for use of real property owned by the City at the western terminus of Alton Avenue between Standard Avenue and the SR55 Freeway and at the eastern terminus of Alton Avenue between Daimler Street and the SR55 Freeway, for a threeyear term beginning August 20, 2024 and expiring August 19, 2027, automatically entering into a monthtomonth renewal thereafter for an additional two years, for a total revenue amount of $1,590,640 (Agreement No. A20024XXX).

32. Affirm Approval of City Manager Employment Agreement Department(s): City Council
Recommended Action: Direct and authorize the Mayor to execute the City Manager Employment Agreement with Alvaro Nuñez.

33. Agreement with Franklin Covey Client Sales, Inc. for Training Resources for Citywide Staff Development (General Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a sole source agreement with Franklin Covey Client Sales, Inc. to provide staff development resources for City of Santa Ana employees, for a term beginning July 15, 2024 and expiring July 14, 2027, for an aggregate amount not to exceed $90,960 (Agreement No. A2024XXX).

34. Adoption of an Extension and First Amendment to the Memorandum of Understanding (“MOU”) by the Service Employees International Union Local 721 PartTime Civil Service Employees Unit (“SEIUPTCS”)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an extension and City Council 14 8/20/2024
yg
agreement with Franklin Covey Client Sales, Inc. to provide staff development resources for City of Santa Ana employees, for a term beginning July 15, 2024 and expiring July 14, 2027, for an aggregate amount not to exceed $90,960 (Agreement No. A2024XXX).

34. Adoption of an Extension and First Amendment to the Memorandum of Understanding (“MOU”) by the Service Employees International Union Local 721 PartTime Civil Service Employees Unit (“SEIUPTCS”)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an extension and first amendment to the existing Memorandum of Understanding with SEIUPTCS regarding wages, hours, and other terms and conditions of employment effective through June 30, 2025, and authorize nonsubstantive changes, which may be necessary to implement the agreement (Agreement No. A2024XXX).

35. Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan for Service Employee International Union (SEIU) Represented Employees
Department(s): Human Resources
Recommended Action: Adopt a Resolution to effect certain changes to the City’s basic classification and compensation plan for Service Employee International Union (SEIU) Represented Employees.

RESOLUTION NO. 2024XXXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S CLASSIFICATION AND COMPENSATION PLAN

36. Resolution, Agreement, and Appropriation Adjustment Accepting the FY 2023 Emergency Management Performance Grant (NonGeneral Fund) Department(s): Police Department
Recommended Action: 1. Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for obtaining federal funds related to homeland security, emergency management, and/or disaster recovery provided by the U.S.

Department of Homeland Security and subgranted through the State of California and the County of Orange.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER’S DESIGNEE(S) TO OBTAIN 2023 EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH THE COUNTY OF ORANGE

2. Authorize the City Manager to execute a twoyear agreement with the County of Orange for the period of July 1, 2023 through June 30, 2025, for the FY 2023 Emergency Management Performance Grant in an amount not to exceed $46,342 (Agreement No. 2024XXX).

3. Approve an appropriation adjustment recognizing $46,342 in Law Enforcement Grants revenue account and appropriating same to the Emergency Management Performance Grant expenditure account. (Requires five affirmative votes)

37. Zoning Ordinance Amendment No. 202401 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to 3100WLkCtDi)(SdRdi)
City Council 15 8/20/2024
Emergency Management Performance Grant in an amount not to exceed $46,342 (Agreement No. 2024XXX).

37. Zoning Ordinance Amendment No. 202401 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) (Second Reading)
Legal notice published in the OC Reporter on August 9, 2024.

Department(s): Planning and Building Agency
Recommended Action:

1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 202401.

ORDINANCE NO. NS3068 entitled ZONING ORDINANCE AMENDMENT NO. 2024 01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD58) TO ESTABLISH PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW PROPOSED USES, AND TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE SOUTH COAST TECHNOLOGY CENTER
LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414272 09, 41427210, AND 41426101)

2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023109 will be refiled for this project.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

38. Designate a Voting Delegate and up to Two Alternates for League of California Cities (Cal Cities) 2024 Annual Conference General Assembly
Department(s): City Clerk’s Office
Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, October 18, 2024.

39. Ordinance Amending Article VI Stadium Sec. 2743 Liquor of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve first reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) City Council 16 8/20/2024
()y
Department(s): City Clerk’s Office
Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, October 18, 2024.

39. Ordinance Amending Article VI Stadium Sec. 2743 Liquor of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve first reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) (Exhibit 1) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee.

ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR

2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting.

In Memory Of
Billy Bean
Future Items

1. Construction Contract for New Delhi Library Branch and Newhope Library Renovation Project

2. Agreement for Citywide Classification and Compensation Study

3. Public Hearing for Related Bristol
POSTING STATEMENT: On August 13, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

City Council 17 8/20/2024
Ibarra, Evelyn
From: [email protected] <[email protected]> Sent: Sunday, August11, 202410:43PM
To:! CityClerk
Subject: NewsubmissionfromContacttheClerkoftheCouncil'sOffice Attention: ThisemailoriginatedfromoutsideofCityofSantaAna. Usecautionwhenopeningattachmentsorlinks.

Name
Jennifer McGoldrick
Email
Message Ilive near Bristol and Alton. For the past week what sounds like anairraid siren has been going offinthe middle ofthe night.

Since it'ssummer time, we'vebeen sleeping with our windows open and it'sunbearable tohear.

Last night itstarted at5am! My daughter then woke up! Ihad toput inear plugs because itwas too loud with the windows closed!
This isn'tthe first time ithas happened. Last December itwas going off around midnight aswell! This really needs tostop! 1 City Council {{item.number}} –
{{item.pagenumber}} 8/20/2024
Ibarra, Evelyn
From: SoCalTenantsRights <[email protected]> Sent: Tuesday, August6, 2024
To: eComment
Subject: TenantsRights
Attention: ThisemailoriginatedfromoutsideofCityofSantaAna. Usecautionwhenopeningattachmentsorlinks.

Greetings, weareinterested inconnecting withrenterswhoareexperiencing landlord problems, especially unlawful evictions.

Wearenoticing anuptickinsituations wherelandlords arejustlocking tenants outandthrowing theirproperty away without evengoingtocourtforunlawful detainer.

Ifanyone hasastorytoshare, wewouldlovetohearfromthem !
Ourultimate goalistostrengthen Tenants Rights statewide byadvocating forenhanced legislation.

Wewouldappreciate ifyoucansharethisemailwiththepublic.

Thank you,
Veronica
1 City Council {{item.number}} –
{{item.pagenumber}} 8/20/2024
CITY COUNCIL 1 AUGUST 6, 2024
DRAFT Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
August 6, 2024
CLOSED SESSION MEETING – 4:30 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:33 P.M.

ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.

Councilmembers Hernandez and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Bacerra, Lopez, and Penaloza arrived during Closed Session.

City Council 9 – 1 8/20/2024
CITY COUNCIL 2 AUGUST 6, 2024
ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: None.

PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: No public comments were received regarding Closed Session Agenda items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:34 P.M.

1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. In re: National Prescription Opiate Litigation, United States District Court (N.D. Ohio), Case No. 1:17-md-2804
B. Bilhah Lopez v City of Santa Ana and DOES 1-50, inclusive, Orange County Superior Court, Case No. 30-2022-01282260-CU-OE-CJC

2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code Section 54957(b)(1):

Title: City Manager

3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a):

Agency Designated Representative(s): Jacob Green, Greg Devereaux Unrepresented Employee: City Manager

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

RECONVENE – City Council will reconvene to continue regular City business.

City Council 9 – 2 8/20/2024
CITY COUNCIL 3 AUGUST 6, 2024

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 5:59 P.M.

ATTENDANCE Councilmembers
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Thai Viet Phan
Mayor Valerie Amezcua
Acting City Manager
City Attorney
City Clerk
Alvaro Nuñez
Sonia R. Carvalho
Jennifer L. Hall

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.

Councilmembers Bacerra, Hernandez (arrived at 6:01 P.M.), Lopez, Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.

Mayor Amezcua announced the appointment of Alvaro Nuñez as City Manager by a unanimous vote of the City Council during closed session and stated the contract would be approved at the next City Council meeting of August 20, 2024.

PLEDGE OF ALLEGIANCE Iker Reyes
MINUTES: Mayor Amezcua presented a Certificate of Recognition to Iker Reyes for his outstanding contributions to the community.

WORDS OF INSPIRATION Mario Morales, Victory Outreach
ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced a correction to Agenda Item No. 14, Agreement with Outdoor Dimensions, that Recommended Action No. 1 states 25% for change orders and should read 10% for change orders.

CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Pro Tem Phan to the 2023- 2024 Com-Link Board for Outstanding Contributions to the Community City Council 9 – 3 8/20/2024
CITY COUNCIL 4 AUGUST 6, 2024
MINUTES: Mayor Pro Tem Phan presented a certificate of recognition to the 2023- 2024 Com-Link Board for outstanding contributions to the community.

2. Proclamation presented by Councilmember Hernandez to the Artesia Pilar Neighborhood Leaders and Marina Aguilera declaring August 2024 as Chicano Heritage Month
MINUTES: Councilmember Hernandez presented a proclamation to the Artesia Pilar Neighborhood Leaders and Marina Aguilera declaring August 2024 as Chicano Heritage Month.

3. Certificate of Recognition presented by Councilmember Lopez to Western States Regional Council of Carpenters for Outstanding Contributions to the Community
MINUTES: Councilmember Lopez presented a certificate of recognition to Western States Regional Council of Carpenters for outstanding contributions to the community.

4. Certificates of Recognition presented by Councilmember Bacerra to Orange County Fire Authority’s 2024 Best and Bravest Award Recipients for Outstanding Contributions to Public Safety
MINUTES: Councilmember Bacerra presented certificates of recognition to Orange County Fire Authority’s 2024 Best and Bravest Award Recipients for outstanding contributions to public safety.

5. Proclamation presented by Councilmember Vazquez Posthumously Honoring Salvador Quintana for Outstanding Contributions to the Community MINUTES: Councilmember Vazquez presented a certificate of recognition to Posthumously Honoring Salvador Quintana for outstanding contributions to the community.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney Sonia Carvalho stated there was no additional reportable action.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.

MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: five (5) Agenda Item No. 11 and five (5) non-agenda comments.

City Council 9 – 4 8/20/2024
CITY COUNCIL 5 AUGUST 6, 2024
The following speakers addressed City Council in-person:

1. Claudia Morales (translation: Spanish) spoke regarding her experience related to evictions and housing.

2. Ana Charco, Latino Health Access, spoke regarding housing and eviction awareness.

3. Edith G. (translation: Spanish) spoke regarding her experience related to evictions and housing.

4. Mario Alvarado spoke regarding funds related to Agenda Item No. 13.

5. Carlos Perea requested the City Council hire an Independent Oversight Director to oversee the Police Commission and expressed concern regarding freedom of press.

6. Victor Mendez thanked Mayor Amezcua for defending First Amendment rights and spoke regarding monies and politics and in opposition to Agenda Item No. 15.

7. Ray Diaz spoke regarding the media policy.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26 and waive reading of all resolutions and ordinances.

MINUTES: At 7:31 P.M., the Consent Calendar was considered.

Councilmember Hernandez requested to comment on Agenda Item Nos. 12, 13, and

18. Mayor Pro Tem Phan recused herself from Agenda Item Nos. 18 and 25 as the listed entities, PCL Construction, Orange County Water District, and City of Anaheim are clients of her employer, Rutan and Tucker.

Councilmember Penaloza pulled Agenda Item Nos. 14 and 20 for separate discussion and consideration and announced a no vote on Agenda Item No. 24.

Mayor Amezcua pulled Agenda Item No. 13 for separate discussion and consideration.

CONSENT CALENDAR
City Council 9 – 5 8/20/2024
CITY COUNCIL 6 AUGUST 6, 2024
MOTION: Councilmember Hernandez moved to approve Consent Calendar Item Nos. 6 through 26 with the exception of Agenda Item Nos. 13, 14, and 20 pulled for separate discussion and consideration, seconded by Councilmember Lopez.

The motion carried, 70, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

6. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

7. Minutes from the Regular Meeting of July 16, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

8. Appoint Joshua Jogwe Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Parks and Recreation Commission for a Partial Term Expiring December 10, 2024
Department(s): City Clerk’s Office
Recommended Action: Appoint Joshua Jogwe to the Parks and Recreation Commission as the Ward 1 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes) MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Parks and Recreation Commissioner Joshua Jogwe.

9. Appoint Edith Hernandez Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Partial Term Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Edith Hernandez to the Youth Commission as the City Council 9 – 6 8/20/2024
CITY COUNCIL 7 AUGUST 6, 2024
Ward 4 representative and administer Oath of Office.

MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Youth Commissioner Edith Hernandez.

10. Receive and File Boards and Commissions Biannual Attendance Report for January Through June 2024 and Make Vacancy Determination(s) Department(s): City Clerk’s Office
Recommended Action:

1. Receive and file Boards and Commissions Biannual Report;

2. Declare that the Section 8 Tenant Seat on the Community Development Commission is vacant due to numerous absences by the previous incumbent; and

3. Provide other direction to staff, if/as needed.

11. 2023 Travel Santa Ana Annual Report
Department(s): Community Development Agency
Recommended Action: Receive and file.

12. Agreement with the Orange County Children’s Therapeutic Arts Center for Youth Workforce Services for Program Year 2024-2025 (Non-General Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with Orange County Children’s Therapeutic Arts Center for youth workforce services for a oneyear term beginning August 1, 2024 and ending July 31, 2025, in an amount not to exceed $300,000 (Agreement No. A-2024-108).

MINUTES: Councilmember Hernandez spoke in support of the item.

AGENDA ITEM NO. 13 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

13. Agreement with the U.S. Department of Housing and Urban Development (HUD) and Appropriation Adjustment to Recognize $2,500,000 in Grant Funds for the Downtown Business Improvements Initiative Project Department(s): Community Development Agency
City Council 9 – 7 8/20/2024
CITY COUNCIL 8 AUGUST 6, 2024
Recommended Action:

1. Authorize the City Manager to execute the grant agreement with the U.S.

Department of Housing and Urban Development (HUD) (Agreement No. A2024-109).

2. Approve an appropriation adjustment to recognize $2,500,000 from the US Department of Housing and Urban Development for the Downtown Business Improvement Initiatives Project into Federal Grant revenue account (no. 4181800252001 Federal GrantDirect) and appropriate the same amount into expenditure accounts (no. 4181883462300 Contract Services – Professional and 41883461000 Salaries Regular). (Requires five affirmative votes) MINUTES: Mayor Amezcua stated monies received would go to wireless networks and City-owned parking structures in the Downtown area.

Councilmember Hernandez spoke regarding the use of monies received in the Downtown area and the benefit to the community.

Councilmember Bacerra thanked Congressman Correa for the funding and briefly spoke regarding the next steps.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 13, seconded by Councilmember Bacerra.

The motion carried, 70, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass
AGENDA ITEM NO. 14 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

14. Award an Agreement with Outdoor Dimensions, LLC for Digital Marquees (Non-General Fund) (Revive Santa Ana)
Department(s): City Manager Office
City Council 9 – 8 8/20/2024
CITY COUNCIL 9 AUGUST 6, 2024
Recommended Action:

1. Authorize the City Manager to execute an agreement with Outdoor Dimensions, LLC to build and install digital marquees at six (6) properties across the city for a oneyear term in a total aggregate amount not to exceed $1,859,909 subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction (Agreement No. A-2024-110).

2. Approve an amendment to the Fiscal Year 202324 Capital Improvement Program to include $1,859,909 of funding from the American Rescue Plan Act for Digital Marquees Project (No. 221306).

3. Determine that, in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. ER202447, ER202448, ER202449, ER2024 50, ER202451, and ER202452 were filed for this project.

MINUTES: Councilmember Penaloza spoke regarding the noted change in the change orders, asked for clarification regarding the monies listed in the staff report, and spoke in opposition to the item.

Assistant City Manager Steven Mendoza spoke regarding the reflected percentage on the staff report and the noted the change announced by the City Clerk.

Councilmember Lopez spoke in support of the item and requested an email of when all agreements have been executed.

Mayor Pro Tem Phan spoke in support of the item.

MOTION: Councilmember Lopez moved to approve the recommended action for Item No. 14, seconded by Councilmember Hernandez.

The motion carried, 61, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN,

MAYOR AMEZCUA

COUNCILMEMBER PENALOZA
NONE
NONE
Status: 6 – 1 – Pass
City Council 9 – 9 8/20/2024
CITY COUNCIL 10 AUGUST 6, 2024

15. Renewal of Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority (ICRMA) and Arthur J.

Gallagher, and Appropriation Adjustment, Associated Insurance Premiums, Costs, Programs, and Regulatory Fees for an Amount not to Exceed $12,600,000 (Non-General Fund)
Department(s): Human Resources
Recommended Action:

1. Authorize the City Manager to approve payment of insurance premiums and associated programs to ICRMA in an amount not to exceed $8,250,000 for the protection of City assets from July 1, 2024 through June 30, 2025 including, but not limited to, the following:
a. Excess Liability Program
b. Excess Workers’ Compensation Program
c. Auto Physical Damage Program
d. Property and Equipment Program
e. Crime Program
f. Cyber Program
g. Associated Programs

2. Authorize the City Manager to approve payment of insurance premiums to Arthur J. Gallagher, Broker, in an amount not to exceed $3,500,000 for ancillary coverages of City’s assets from July 1, 2024 to June 30, 2025 including but not limited to:
a. General Liability Buffer Program
b. Workers’ Compensation Buffer Program
c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program
e. Underground Storage Tank and Environmental Program

3. Authorize the City Manager to approve payments to cover FY 202425 City Special Events Insurance for events, including, but not limited to, Fourth of July fireworks show, neighborhood winter events, and other Citysponsored events as created and held, in an amount not to exceed $350,000.

4. Authorize the City Manager to approve the City’s obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000.

5. Approve an Appropriation Adjustment to recognize $2,200,000 in the Liability and Property Insurance Revenue, Prior Year Carryforward revenue account (No. 0800900250001) and appropriate the same amount into the Liability & City Council 9 – 10 8/20/2024
CITY COUNCIL 11 AUGUST 6, 2024
Property insurance account (No. 0800905164010). (Requires five affirmative votes)

16. Historic Property Preservation Agreements for the Properties Located at 1205 S Birch Street and 516 W 19th Street
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the belowreferenced property owners for the identified structure(s) (Agreement Nos. A-2024-111 and A-2024-112). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 202411 and ER No. 202417] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC)

Property
Owner(s)

Historic
Property
Preservation
Agreement No.

Address/House Vote by HRC
Michael T.

Altshuler 202403 1205 S. Birch Street
6:0:0:3
(Commissioner
Shipp, Hardy, and
Padilla absent)
Jill Brumett and
Mona R.

Konstan
202404 516 W. 19th
Street
6:0:0:3
(Commissioner
Shipp, Hardy, and
Padilla absent)

17. Second Amendments to Agreements for Rotational Towing and Storage Services
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute second amendments to the agreements with the following contractors to allow two oneyear extensions to the term and exercise the first extension option from September 1, 2024 through August 31, 2025, and to increase the compensation fee schedule for rotational towing and storage services:

1. Standard Enterprises, Inc. dba To’ and Mo’ (Agreement No. A-2024-113);

2. Greater Southern California Towing, Inc. (Agreement No. A-2024-114);

3. B&D Towing, Inc. (Agreement No. A-2024-115); and
City Council 9 – 11 8/20/2024
CITY COUNCIL 12 AUGUST 6, 2024

4. MetroPro Road Services, Inc. (Agreement No. A-2024-116)

18. Appropriation Adjustment and Construction Contract to PCL Construction Services, Inc. for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528) (Revive Santa Ana) (General Fund and Non-General Fund) Department(s): Public Works Agency and Library
Recommended Action:

1. Approve an appropriation adjustment recognizing $1,235,145 of prioryear fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriating the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes)

2. Authorize a budget reallocation of $1,401,776 in unspent funds from the Newhope Improvements Project (No. 221802) to construction funds for the Main Library Renovation Project (Project No. 221380, 247531, 257528).

3. Approve an amendment to the Fiscal Year 20242025 Capital Improvement Program to include $1,235,145 in construction funds for the Main Library Renovation Project (No. 221380).

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,927,519, which includes $19,353,442 for the construction contract, $316,320 for contract administration, inspection, and testing, and a $4,257,757 project contingency for unanticipated or unforeseen work, due to the complexity and extensive scope of this project.

5. Award a construction contract to PCL Construction Services, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,353,442, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Main Library Renovation Project, for a term beginning August 6, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

6. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption City Council 9 – 12 8/20/2024
CITY COUNCIL 13 AUGUST 6, 2024
Environmental Review No. ER202430 was filed for Project 221380 on April 17, 2024.

MINUTES: Councilmember Hernandez spoke in support of the item.

Mayor Pro Tem Phan recused herself from Agenda Item No. 18 as the listed entity, PCL Construction, is a client of her employer, Rutan and Tucker, and left the dais from 7:52 P.M. to 7:54 P.M.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 18 as part of the Consent Calendar, seconded by Councilmember Lopez.

The motion carried, 601, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR AMEZCUA
NONE
MAYOR PRO TEM PHAN (recusal)
NONE
Status: 6 – 0 – 1 – Pass

19. Construction Contract to Elecnor Belco Electric, Inc. for the Traffic Signal Modification at Warner Avenue and Wright Street Project and Appropriation Adjustment (Project No. 23-7539) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $197,335 of prioryear fund balance in the Transportation System Improvement Authorization Area B Tustin fund, Prior Year Carry Forward revenue account and appropriate to the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)

2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid items in the amount of $562,868, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Traffic Signal Modification at Warner Avenue and Wright Street for the term beginning upon execution of City Council 9 – 13 8/20/2024
CITY COUNCIL 14 AUGUST 6, 2024
the contract and ending upon project completion, and authorize the City Manager to execute the contract.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $703,585, which includes $562,868 for the construction contract, $84,430 for contract administration, inspection, and testing, and a $56,287 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the FY 202425 Capital Improvement Program to include $197,335 in construction funding from the Transportation System Improvement Authorization Area B fund for the Traffic Signal Modification at Warner Avenue and Wright Street project.

5. Determine that, in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202435 was filed for the project 237539.

AGENDA ITEM NO. 20 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

20. Construction Contract to Cabifornia, Inc. for the Santa Ana Regional Transportation Center Fountain Renovation (Project No. 24-6058) (General Fund and Non-General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an amendment to the FY 202425 Capital Improvement Program to include $587,250 in construction funding approved in FY 202324 from the Clean California Local Grants Program through the California Department of Transportation.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,250 which includes $435,000 for the construction contract, $65,250 for contract administration, inspection, and testing, and a $87,000 project contingency for unanticipated or unforeseen work.

3. Award a construction contract to Cabifornia, Inc. in accordance with the base bid in the amount of $435,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for the fountain replacement of the Santa Ana Regional Transportation Center for the term beginning upon City Council 9 – 14 8/20/2024
CITY COUNCIL 15 AUGUST 6, 2024
execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract.

MINUTES: Councilmember Penaloza expressed excitement for renovation and expressed concern regarding the 25% contingency amount.

Public Works Director Nabil Saba spoke regarding the proposed contingency related to construction contracts and the Greenbook Standards.

City Attorney Sonia Carvalho spoke regarding standard contingencies.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 20, as amended to lower the contingency for change orders from 25% to 10%, seconded by Councilmember Hernandez.

MINUTES: Councilmember Bacerra expressed concern with the 25% contingency and suggested a 10%-15% contingency.

Councilmember Lopez asked whether the change in the contingency would affect the grant.

City Manager Alvaro Nuñez stated the percentage would not affect the grant and spoke regarding setting internal parameters regarding contingencies.

The motion carried, 70, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

21. Agreement with Griswold Industries, dba Cla-Val, for Flow Control Valve Maintenance, Rehabilitation, and Replacement Services at City Water Facilities (Non-General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with City Council 9 – 15 8/20/2024
CITY COUNCIL 16 AUGUST 6, 2024
Griswold Industries, dba ClaVal, to provide flow control valve maintenance, rehabilitation, and replacement services for City water facilities, for a total amount not to exceed $1,250,000, for a threeyear term beginning August 6, 2024 and expiring August 5, 2027, with a provision for one, twoyear extension (Agreement No. A-2024-117).

22. Agreement Amendment with Superior Property Services, Inc. for Hardscape Pavement Cleaning and Infectious Waste Removal Services (Non-General Fund) (Revive Santa Ana Program)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $52,500 for a total agreement amount not to exceed $2,019,068 (Agreement No. A-2024-118).

23. Agreement with ICF Incorporated, LLC to Develop a Fleet Electrification & EV Charging Master Plan and City Fleet Policies (RFP No. 24-002) (General Fund and Non-General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $73,179 of prioryear fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Contract ServicesProfessional expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute an agreement with ICF Incorporated, LLC to develop a Fleet Electrification and EV Charging Master Plan and City Fleet Policies in the amount of $150,590, plus a contingency of $22,589, for a threeyear period beginning August 6, 2024 and expiring August 5, 2027, with provisions for two oneyear extensions (Agreement No. A-2024-119).

24. Agreements with Project Partners, Interwest Consulting Group Inc., EC & AM Associates Inc. dba GK & Associates Inc., Richard Fisher Associates, and Ladayu Consulting Group for On-Call Staff Support Services for Inspection, Engineering, Project Management, and Administration
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with the firms listed below to provide inspection, engineering, project management, and administration services, for a threeyear period commencing August 6, 2024, and City Council 9 – 16 8/20/2024
CITY COUNCIL 17 AUGUST 6, 2024
expiring August 5, 2027, with a provision for one, twoyear renewal option, for a total aggregate amount not to exceed $2,500,000 for the term of the contract, including the optional renewal (Core Agreement No. A-2024-120).

Firms Location
Project Partners Laguna Hills, CA
Interwest Consulting Group, Inc. Loveland, CO
GK & Associates, Inc. Diamond Bar, CA
Richard Fisher Associates Irvine, CA
Ladayu Consulting Group Palos Verdes Estates, CA
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 24 as part of the Consent Calendar, seconded by Councilmember Lopez.

The motion carried, 61, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN,

MAYOR AMEZCUA

COUNCILMEMBER PENALOZA
NONE
NONE
Status: 6 – 1 – Pass

25. Approve an Agreement with the Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, and City of Fullerton for the Assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (Non-General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with the Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, and City of Fullerton for the assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (Agreement No. A-2024-121).

MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 25 as the listed entities, Orange County Water District and City of Anaheim, are clients of her employer, Rutan and Tucker.

City Council 9 – 17 8/20/2024
CITY COUNCIL 18 AUGUST 6, 2024
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 25 as part of the Consent Calendar, seconded by Councilmember Lopez.

The motion carried, 601, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR AMEZCUA
NONE
MAYOR PRO TEM PHAN (recusal)
NONE
Status: 6 – 0 – 1 – Pass

26. Resolution Authorizing the City Manager or Designee to Execute Subgrant Agreements to Receive Workforce Innovation and Opportunity Act Funds for a Four-Year Period Expiring June 30, 2028 (Non-General Fund) Department(s): Community Development Agency
Recommended Action: Adopt a resolution authorizing the City Manager or designee to execute subgrant agreements (AA511027) and all necessary documents for Workforce Innovation and Opportunity Act funds from the State of California for a fouryear period from July 1, 2024 to June 30, 2028.

RESOLUTION NO. 2024-046 entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT AND ALL NECESSARY

DOCUMENTS TO RECEIVE FUNDS FOR THE WORKFORCE INNOVATION AND

OPPORTUNITY ACT WITH THE STATE OF CALIFORNIA, WORKFORCE SERVICES DIVISION, FOR A PERIOD FROM JULY 30, 2024 TO JUNE 30, 2028 **END OF CONSENT CALENDAR**
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

MINUTES: At 8:03 P.M., the Public Hearing was considered.

27. Public Hearing – Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings (Continued from the July 16, 2024 City Council meeting)

PUBLIC HEARINGS
City Council 9 – 18 8/20/2024
CITY COUNCIL 19 AUGUST 6, 2024
Legal notice published in OC Reporter on July 3, 2024 and property owner notification letters mailed on same date; Notice of Continuance posted on July 17, 2024.

Department(s): Planning and Building Agency
Recommended Action:

1. Authorize the Adopt a resolution affirming the Fiscal Year 20232024 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of AuditorController, County of Orange.

RESOLUTION NO. 2024-047 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF

SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING
ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER’S OFFICE

2. Determine that the proposed action does not constitute a “project” under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment. Accordingly, it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended.

MINUTES: Mayor Amezcua opened the Public Hearing at 8:05 P.M.

City Clerk Jennifer L. Hall reported out the summary of email comments received:
one (1) Agenda Item No. 27.

There being no speakers, Mayor Amezcua closed the Public Hearing at 8:06 P.M.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 27, seconded by Mayor Amezcua.

The motion carried, 70, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
City Council 9 – 19 8/20/2024
CITY COUNCIL 20 AUGUST 6, 2024
Status: 70 – Pass

28. Public Hearing – Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) Legal notice published in the OC Reporter on July 26, 2024 and notices mailed on same date.

Department(s): Planning and Building Agency
Recommended Action:

1. Approve first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) No. 202401.

ORDINANCE NO. NS-3068 entitled ZONING ORDINANCE AMENDMENT NO. 202401 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD58) TO ESTABLISH

PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND

USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW

PROPOSED USES, AND TO INCLUDE ADDITIONAL

COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE

THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT
NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414272 09, 41427210, AND 41426101)

Environmental Review No. 2023109 will be refiled for this project.

MOTION: Councilmember Hernandez moved to not hear the presentation for Agenda Item No. 28, seconded by Mayor Amezcua.

The motion carried, 52, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER VAZQUEZ, MAYOR AMEZCUA

COUNCILMEMBER PENALOZA, MAYOR PRO TEM PHAN
NONE
NONE
Status: 5 – 2 – Pass
MINUTES: Mayor Amezcua opened the Public Hearing at 8:10 P.M.

City Council 9 – 20 8/20/2024
CITY COUNCIL 21 AUGUST 6, 2024
City Clerk Jennifer L. Hall reported out the summary of email comments received:
nine (9) Agenda Item No. 28.

The following speakers addressed the City Council in-person:

1. Wanyae McDonald spoke in support of the item.

2. Zach Strasters spoke in support of the item.

3. John Tafoya spoke in support of the item.

4. Randy Wetmur spoke in support of the item.

5. Michael Garcia spoke in support of the item.

6. Jonathan Dailey spoke in support of the item.

7. Henry Hillebrecht spoke in support of the item.

8. Daniel Osborne spoke in support of the item.

There being no additional speakers, Mayor Amezcua closed the Public Hearing at 8:22 P.M.

Councilmember Hernandez spoke in support of the item.

Councilmember Bacerra thanked the Segerstrom family and spoke in support of the item.

Councilmember Penaloza thanked the Segerstrom family and spoke in support of the item.

Councilmember Vazquez thanked the Segerstrom family and spoke in support of the item.

Councilmember Lopez thanked the Segerstrom family and spoke in support of the item.

Mayor Pro Tem Phan thanked the Segerstrom family and spoke in support of the item.

Mayor Amezcua thanked the Segerstrom family and spoke in support of the item.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 28, seconded by Councilmember Bacerra.

City Council 9 – 21 8/20/2024
CITY COUNCIL 22 AUGUST 6, 2024
The motion carried, 70, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 70 – Pass
**END OF PUBLIC HEARINGS**
RECESS
MINUTES: Mayor Amezcua recessed the City Council meeting to consider the Housing Authority Agenda at 8:31 P.M.

RECONVENE
MINUTES: Mayor Amezcua reconvened the City Council meeting at 8:32 P.M.

CITY MANAGER COMMENTS
MINUTES: City Manager Alvaro Nuñez announced the Chicano Heritage Festival on August 11, 2024, echoed sentiments regarding Agenda Item No. 28, and thanked the City Council for their trust and support as he embarks the role of City Manager.

COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

MINUTES: Councilmember Vazquez congratulated City Manager Nuñez, welcomed students back to school, and spoke regarding the VanNess Market and the family.

Councilmember Penaloza wished all the teachers and students a Happy School Year, and congratulated Café Cultura and Benchmark for their anniversaries.

Councilmember Lopez thanked city staff, organizations, and vendors for the back to school event on Friday night, welcomed everyone to attend the Chicano Heritage Festival on August 11, 2024 at Centennial Park and ZOOfari on August 17, 2024, and announced first time homeowner workshops and office hours.

Councilmember Hernandez congratulated City Manager Nuñez, welcomed everyone to attend the Chicano Heritage Festival on August 11, 2024 at Centennial Park, spoke City Council 9 – 22 8/20/2024
CITY COUNCIL 23 AUGUST 6, 2024
regarding the Chicano Moratorium, and stated he is not supportive of First Amendment right infringement.

Councilmember Bacerra spoke regarding conditional use permits and enforcement at VanNess Market, announced free admissions to the Bowers Museum for Santa Ana residents until September 8, 2024, spoke regarding his nomination to the Youth Commission, and congratulated City Manager Nuñez.

Mayor Pro Tem Phan congratulated City Manager Nuñez, thanked the Parks, Recreation, and Community Services Agency for Movies at the Park, acknowledged Chief of Staff Lizbeth Rosales for her commitment, and congratulated Councilmember Penaloza on his wedding.

Mayor Amezcua spoke regarding the Back to School Resources Fair on Sunday, July 28, 2024, congratulated City Manager Nuñez, wished everyone a happy back to school year, and expressed concern regarding families in shelters and case managers transporting kids to and from school. She spoke regarding ADA compliance, requested a schedule for Fiestas Patrias, announced Concerts at the Park on Thursday at Memorial Park, requested an updated regarding translation of the MySantaAna app, and spoke regarding the Union Pacific fence on Bochard Avenue related to homelessness.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council Meeting at 9:02 P.M.

Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 9 – 23 8/20/2024
City Clerk’s Office
www.santa-ana.org/city-clerk
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Conflict of Interest Code Review

AGENDA TITLE
2024 Local Agency Biennial Notice RE: Conflict of Interest Code Review

RECOMMENDED ACTION
Receive and file the Fair Political Practices Commission 2024 Local Agency Biennial Notice advising that the City’s Conflict of Interest Code is currently under review.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Political Reform Act requires local agencies to file a biennial notice with the code reviewing body, the City Council, by no later than October 1, 2024, advising whether any amendments to the City’s Conflict of Interest Code are necessary. The code is currently under review to determine whether any amendments are necessary. Following the receipt and filing of the 2024 Biennial Notice, staff will provide sufficient notice of the revisions and present the revised code for City Council consideration and approval by no later than December 30, 2024.

The City adopted its first Conflict of Interest Code in 1976, with the various offices, agencies, and departments of the City of Santa Ana maintaining Conflict of Interest Codes pursuant to the Political Reform Act since that time. The most recent amendment to the Conflict of Interest Code was completed in September 2022.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. 2024 Local Agency Biennial Notice
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Alvaro Nuñez, City Manager
City Council 10 – 1 8/20/2024
www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

Page 1 of 1 ends

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
20 Civic Center Plaza, M-30, Santa Ana, CA 92702 Jennifer L. Hall 714-647-6520 [email protected] [email protected] ■ City of Santa Ana
City Council 10 – 2 8/20/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Orange County Grand Jury Report: Talking Trash: Recyclables and Organic Waste

AGENDA TITLE
Receive and File the 2023-2024 Orange County Grand Jury Report: Talking Trash:

Recyclables and Organic Waste

RECOMMENDED ACTION
Receive and file.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency (PWA) is responsible for the refuse enterprise that oversees solid waste and recycling services to residents and businesses, while maintaining compliance with state mandates.

The study was in response to Senate Bill (SB) 1383 that became effective on January 1, 2022. SB 1383 requires implementation of programs for the separation and diversion of organic waste such as food scraps, from landfill disposal. It also makes jurisdictions, e. g. cities, responsible for procuring certain amounts of the recovered organic waste products, i.e., mulch, resulting for the diversion. At the recommendation of the Orange County (OC) Waste & Recycling Agency, the PWA staff worked closely with the OC Grand Jury team to: provide information, answer questions, and guided the jurors on a tour of the Republic Services Material Recovery Facilities in Huntington Beach, CA.

The City received commendations for proactively revising their hauler contract to meet SB 1383 requirements, producing a notable and ongoing outreach and education program, distributing compliant waste containers to all residents, and fostering a highly collaborative relationship with their hauler. Through the current agreement with Republic Services, staff worked diligently to not only develop an SB 1383 compliant contract, but also an education program supportive of all customers. The City is working with CalRecycle on a Corrective Action Plan to achieve full compliance.

City Council 11 – 1 8/20/2024
Orange County Grand Jury Report: Talking Trash: Recyclables and Organic Waste August 20, 2024

Page 2 ends

The report includes a reference stating that using an enterprise fund ensures that all revenues generated by the solid waste management program are reinvested in that program rather than being diverted into other needs of the jurisdiction.

The City received no Findings or Recommendations requiring responses.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. June 5 Transmittal Letter and OC Grand Jury Report
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 11 – 2 8/20/2024
Exhibit 1
City Council 11 – 3 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page ii

TABLE OF CONTENTS
SUMMARY...................................................................................................................... 3 BACKGROUND.............................................................................................................. 3 REASON FOR THE STUDY........................................................................................... 4 METHOD OF STUDY...................................................................................................... 5 INVESTIGATION AND ANALYSIS................................................................................. 6 Overview of SB 1383.................................................................................................. 6 How Are Jurisdictions Impacted by SB 1383? ........................................................ 7 Orange County Jurisdictions’ SB 1383 Implementation Status............................. 8 How do jurisdictions assess their own progress? ..................................................... 8 Main Implementation Issues ..................................................................................... 8 COMMENDATIONS...................................................................................................... 18 FINDINGS..................................................................................................................... 18 RECOMMENDATIONS................................................................................................. 19 RESPONSES................................................................................................................ 21 Responses Required ............................................................................................... 22 Findings – 90 Day Response Required .................................................................. 22 Recommendations – 90 Day Response Required.................................................. 24 REFERENCES.............................................................................................................. 25 GLOSSARY.................................................................................................................. 26 APPENDICES............................................................................................................... 28 APPENDIX A – SURVEY RESULTS......................................................................... 28 APPENDIX B – CIRCULAR ECONOMY STARTS IN YOUR KITCHEN................... 33 City Council 11 – 4 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 3

SUMMARY
In 2016, the State of California enacted Senate Bill (SB) 1383, requiring counties, cities, and other organizations responsible for waste collection to coordinate with their residents to divert organic waste, including food scraps, from the landfill waste disposal stream. Another provision makes jurisdictions responsible for procuring a quantity of the recovered organic waste products resulting from the diversion. The 2023-2024 Orange County Grand Jury (OCGJ) investigated how Orange County jurisdictions are complying with the requirements and goals of SB 1383 that impact single-family residential units.

The investigation revealed that the approaches to meeting SB 1383’s requirements vary greatly from jurisdiction to jurisdiction. The majority of Orange County jurisdictions have not yet distributed residential waste containers that meet the SB 1383 standardization requirements, leaving outdated labeling/embossing in place. Education and outreach have not yet taken place at all in some jurisdictions. Even when information has been disseminated in other jurisdictions, the methods disproportionately favor intermittent paper mailings. Also, the State’s unrealistic targets for the procurement of recycled organic waste products do not account for a jurisdiction’s population density or geographic size, which frequently makes them extremely difficult to meet.

The local enforcement stage of SB 1383 started on January 1, 2024. However, the majority of Orange County jurisdictions are unlikely to meet the SB 1383 targeted seventy-five percent reduction in the amount of organic waste sent to landfills by January 2025.

The OCGJ concludes there is a clear need to improve education and outreach efforts, develop enforcement mechanisms and processes, and to coordinate and collaborate among all jurisdictions to collectively address the challenges and to achieve the goals and targets of SB 1383.

BACKGROUND
Organic waste comprises more than a third of the waste stream in California and includes green waste, wood, food waste, and fibers such as paper and cardboard.

When left to decompose in landfills, organic waste releases large amounts of methane gas which is harmful to the environment (CalRecycle, 2024). In September 2016, SB 1383 set reduction targets in a statewide effort to reduce emissions of Short-Lived Climate Pollutants (SLCP) including methane. Simply put, this required all statewide jurisdictions to implement mandatory organic waste collection and recycling to divert organic waste from landfills. Another key benefit of the diversion of organic and other recyclable material from landfills is the preservation of overall landfill capacity.

In 2014, the State conducted random sampling of twenty-six landfills, Material Recovery Facilities (MRF), and Transfer Stations located in twenty-one of California’s fifty-eight counties (none in Orange County). The results were used to establish the baseline for City Council 11 – 5 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 4
the required reduction in organic waste destined for landfills. SB 1383 then set goals to reduce organic waste sent to landfills below the 2014 baseline by fifty percent no later than January 1, 2020, and seventy-five percent by January 1, 2025. However, despite the law’s requirements, the amount of organic waste sent to landfills statewide actually increased by twenty-three percent above the 2014 baseline (Little Hoover Commission, 2023).

SB 1383 requires all jurisdictions to memorialize the bill’s requirements in their municipal codes and ordinances no later than January 1, 2022. One of the results of these changes is that each jurisdiction had to amend or renegotiate their waste haulers’ franchise agreements to incorporate the new requirements.

In accordance with SB 1383, as of January 1, 2024, all jurisdictions (and therefore all waste producers) will be subject to enforcement, including monetary fines. While SB 1383 has a myriad of requirements for commercial as well as residential waste producers, the OCGJ narrowed its investigation to the impacts associated with local jurisdiction compliance with SB 1383 on Orange County residents. This report focuses on the specific requirements associated with SB 1383, the local actions taken so far to meet those requirements, the success of those actions and how they are measured, local agency outreach and education efforts, and the challenges that remain for the County of Orange and the county’s thirty-four cities.

REASON FOR THE STUDY
The organics diversion mandate under SB 1383 began to take effect in California on January 1, 2022. This means that jurisdictions in California were required to implement programs for the separation and diversion of organic waste, including food scraps, from landfill disposal. The actual enforcement of this requirement started on January 1, 2024.

The OCGJ’s intent was to take a closer look at how Orange County jurisdictions are responding to this mandate, their successes and challenges, and the impact of this new requirement on the Orange County residents.

The OCGJ initially focused on two questions:
• What actions have Orange County jurisdictions taken to implement organics collection for their residential customers, and how do they measure the success of these actions?
• Given that one key to the success of SB 1383 is public participation, have local jurisdictions conducted sufficient outreach and education? While investigating the answers to these questions, the OCGJ discovered additional information about Orange County recycling and waste management that is notably relevant to this topic and is included in this report.

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METHOD OF STUDY
The OCGJ toured several local waste facilities, including:
• The Frank R. Bowerman landfill in Irvine, owned by the County of Orange and managed and operated by OC Waste & Recycling (OCW&R). This enabled the OCGJ to gain a better understanding of the refuse collection and disposal process.
• The MRF operated by Rainbow Environmental Services, located at 17121 Nichols Lane in the city of Huntington Beach. This facility was previously decommissioned then reopened on short notice when the newer Anaheim MRF was destroyed by fire in February 2022.
• The MRF operated by Waste Management, located at 2050 North Glassell Street in the city of Orange. This tour allowed the OCGJ to gain information on the operation of a newer, larger MRF.

The OCGJ reviewed SB 1383 and related documents, training videos, public meeting recordings, and presentations available on the CalRecycle website.

The OCGJ reviewed online publications from various organizational and media sources related to trash hauling and general operations of the waste and recycling industry and conducted fourteen interviews with representatives from the waste industry, local jurisdictions, and the State’s enforcement agency.

The OCGJ also disseminated a nine-question survey to each of the thirty-four Orange County cities and the County to obtain their perspectives on local implementation of SB 1383. Follow-up interviews were conducted with representatives of the same ten cities included in the 2019-2020 OCGJ report “OC Recycling: Doing it the Right Way” and the County for additional insight into each jurisdiction’s implementation of, and compliance with, SB 1383’s requirements.

The OCGJ utilized the same sampling of ten cities as well as the County of Orange (for its unincorporated areas) because they represent different geographical areas of the county (from Brea in the north to Dana Point in the south) and reflect a variety of larger cities by population and/or land area (e.g., Santa Ana, Irvine) and some that are smaller (e.g., Buena Park, Mission Viejo).

Individual members of the OCGJ also observed the types and colors of carts, their labeling, and their contents at various locations throughout the county. These observations were documented via photographs to illustrate dissimilar details and nuances among jurisdictions and haulers.

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INVESTIGATION AND ANALYSIS
Overview of SB 1383
SB 1383 set ambitious targets for reducing organic waste disposal in landfills from the 2014 baseline: fifty percent by January 2020 (which was not met), and seventy-five percent by January 2025. Organic waste comprises more than half the waste stream in California and includes green waste, wood, food waste, and fibers such as paper and cardboard. When left to decompose in landfills, organic waste releases large amounts of methane gas. The overall goal of the bill is to reduce greenhouse gas emissions by at least four million metric tons per year by 2030 by requiring that “organics” going to the landfill be reduced to 5.7 million metric tons by 2025.

This groundbreaking legislation is a statewide effort to reduce Short-Lived Climate Pollutants (SLCPs). SLCPs such as methane, black carbon, tropospheric (ground level) ozone, and hydrofluorocarbons remain in the atmosphere for a shorter time than carbon dioxide but have a much stronger warming effect. Therefore, reducing SLCPs has the potential to significantly slow global climate change in the near term (California Air Resources Board, 2024). The State’s efforts and policies are intended to substantially increase the rate of organic material diversion away from landfills. This diversion goal is meant to move the State towards the desired “circular economy” where organic waste is collected, converted into new materials or products, and reused for other purposes.

Figure 1 Source: CalRecycle
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How Are Jurisdictions Impacted by SB 1383?
In this context, a jurisdiction may be a city, county, city and county, or special district that collects solid waste.

The jurisdictions’ responsibilities specified by SB 1383 relating to residential units include (CalRecycle, 2024):
• Providing organics collection services to all residents • Conducting education and outreach to community
• Procuring recyclable and recovered organic products
• Securing access to recycling capacity
• Monitoring compliance and conducting enforcement
SB 1383 contains a significant amount of detail regarding the types of allowable collection programs. Critical requirements are listed below:
• Each resident must subscribe to an organic waste collection service that either “source-separates” the waste by using separate bins or transports all unsegregated waste to a facility that recovers seventy-five percent of the organic content collected.
• SB 1383 requires one of the following collection options:

A one-can system – all contents are transported to a facility that recovers seventy-five percent of the organic content.

A two-can system – at least one of the containers (whichever includes organic waste and garbage) must be transported to a facility that recovers seventyfive percent of the organic content.

A three-can system – organic waste is required to be source separated (recyclables in blue, food and yard waste in green).

Jurisdictions must also conduct education and outreach to all residents regarding collection service requirements, contamination standards, self-haul requirements, and overall compliance with SB 1383. Educational material must be linguistically accessible to non-English speaking residents.

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Figure 2 Source: CalRecycle
Orange County Jurisdictions’ SB 1383 Implementation Status How do jurisdictions assess their own progress?
The OCGJ sent a ten-question survey to thirty-four cities and OC Waste & Recycling (OCW&R) and received thirty-one responses. The purpose of the survey was to verify how these agencies measure their progress on the implementation of various aspects of SB 1383. Survey participants were asked to mark their progress on the scale from 1 (significant challenges) to 5 (excellent) for each of the questions. The survey questions as well as more detailed information on responses and follow-up comments and explanations is included in Appendix A.

Main Implementation Issues
To follow-up on the survey, the OCGJ conducted a series of interviews with jurisdictions to learn more about their specific challenges in implementing SB 1383, successes, concerns, and solutions to common issues. The eleven jurisdictions interviewed were the same included in the 2019-2020 OCGJ report “OC Recycling: Doing it the Right Way” representing different geographical areas of the county and a variety of populations and/or land areas. Several themes emerged from the interviews:
• Container Standardization
SB 1383 requires standardized colors for residential and business curbside containers (green for organics, blue for recyclables, and grey for trash). It also requires container

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labels on new containers. The color scheme for collection containers must meet either of these requirements:
o The lid of the container is the correct designated color o The body of the container is the correct designated color, and the lid is also the same specified color or may be gray or black
Out of the eleven jurisdictions interviewed, only two have distributed containers that meet the State requirements. However, jurisdictions are not required to replace containers prior to January 1, 2036. Most are replacing their containers gradually over time. The variety of colors used by various jurisdictions contributes to the confusion and potentially increases contamination rates. In many cases, existing containers include embossed information that is no longer accurate or labels with outdated information (see examples below).

Figure 3. The embossed information wrongly directs residents to put plastic grocery bags in the recycling container. Photo: OCGJ City Council 11 – 11 8/20/2024
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Figure 4. The old sticker incorrectly directs residents to put shoes, clothes, and other textiles in the recycling container. Photo: OCGJ Figure 5. Outside label on the ‘green waste’ container contains no information regarding food scraps. Photo: OCGJ
The following two images of the “Food Scrap” container (outside and inside) were taken by an OCGJ member in a public park. The contents of the container, which contains unallowable items, such as plastic packaging, further underscores the need for clear signage and more public education.

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Figure 6. Lid of the “Food Scraps” container in a public park from November 2023 showing correct information. Photo: OCGJ
Figure 7. Contents of the same “Food Scraps” container in the public park from November 2023. Photo: OCGJ
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Another standardization issue is that what is accepted for recycling varies among the jurisdictions and haulers.

For example, some allow palm fronds into organics bins while others do not, and some allow food scraps to be deposited in compostable bags while others do not, further adding to the confusion.
• Funding and Enforcement
While conducting interviews with the Orange County jurisdictions, the OCGJ learned that there are two approaches to funding their solid waste management programs (including SB 1383 implementation activities): (1) using an enterprise fund; and (2) using the general fund. Using an enterprise fund ensures that all revenues generated by the solid waste management program are reinvested in that program rather than being diverted into other needs of the jurisdiction.

Even though enforcement activities were effective starting January 1, 2024, jurisdictions only conduct inspections and spot-checks of residential customers’ organic and trash containers using either “lid flipping” or smart trucks that record the contents of the containers as they are being emptied. Haulers (via contracts) have been designated to perform these functions. If residents are found to be in violation, the first step is to provide them with additional educational materials and information. If the violation persists, warning notices are issued. The final step is issuing fines. The penalties imposed by a jurisdiction are based on Government Code Sections 53069.4, 25132, and 36900, and are as follows:
• First violation: $50-$100 per violation;
• Second violation: $100-$200 per violation;
• Third or subsequent violation: $250-$500 per violation Penalties increase when an entity violates the same requirement within a one-year period (CalRecycle, 2024).

While jurisdictions have yet to collect fines, some have not even established the collection protocol or the account where collected fines will be deposited. • Education and Outreach
Clearly, there is a need for more education and outreach. The success of SB 1383 implementation and the ability to reach the CalRecycle goal of a seventy-five percent diversion rate depend largely on residents’ compliance and behavior change. Education and outreach is the first and most critical component of that change. “The accuracy of consumer disposal decisions directly influences the performance of the recycling system.” (Christian Blanco C. S., 2023) City Council 11 – 14 8/20/2024
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Most interviewed jurisdictions collaborate with haulers to create and distribute educational materials. Others also use consulting services for that purpose. Outreach strategies, the number of outreach events and communications, as well as participation rates vary greatly from jurisdiction to jurisdiction, but most rely heavily on paper mailings, which may not be the most effective way of reaching the public. If combined with junk mail, the educational material may go unread into a recycling bin, if not the trash. Frequently, the information flyers are mailed together with hard-copy utility bills, which may overlook those who subscribe to electronic billing.

As part of their outreach/education campaigns, some of the interviewed jurisdictions purchased kitchen pails for recycling food scraps to distribute to some or all households.

These purchases were funded through SB 1383 assistance grants from CalRecycle, which most of the Orange County jurisdictions applied for and received.

The OCGJ reviewed a sampling of educational materials being distributed by several cities and concluded that the quality of these materials can range from highly informative publications with accessible and attractive designs to flimsy “newsletters” issued by haulers for their respective jurisdictions with graphics and instructions that are barely legible.

Paper mailings have their role but represent only one of many possible outreach methods. The recycling industry itself is embracing technological advancements, including the use of Artificial Intelligence (AI), in waste sorting, predicting trends, the use of smart hauler trucks and smart bins, as well as in outreach and education (Recycling Inside, 2023).

According to Recycling Inside, “AI can play a pivotal role in educating the public about recycling practices. Chatbots and virtual assistants powered by AI can provide real-time guidance on waste disposal, recycling guidelines, and collection schedules. By engaging with individuals through personalized interactions, AI-driven platforms can raise awareness, promote recycling behavior, and facilitate proper waste management at the consumer level.”
According to research by the Recycling Partnership, “People have a misconception that what is recyclable doesn’t change. They are recycling incorrectly in some cases because they are basing decisions on past guidelines and recycling knowledge such as believing milk cartons are wax coated and should not be recycled, or envelopes with windows should not be recycled. They think they know what they need to know about recycling because that’s what they’ve always known.” (Center for Sustainable Behavior & Impact, 2022)
More than seventy percent of people surveyed wish there was an easier way to get information on what can and can’t be recycled in their community. (Center for Sustainable Behavior & Impact, 2022)
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Determining the success of their outreach efforts is another challenge that Orange County jurisdictions are facing in the near future. Most jurisdictions need to determine how to measure outreach efforts, as the enforcement started January 1, 2024. Having common standards and methods to measure the success of public education and compliance, and regularly posting this information on the jurisdiction’s website related to SB 1383 goals, will give the public an incentive to comply with SB 1383. However, in the interim, there is a significant amount of visual evidence regarding the level of residents’ confusion as evidenced by the photo below. The photo is the amount of waste in the first five hours of a workday that was improperly included in residential recyclable containers and delivered to a MRF, where it had to be hand sorted out.

Figure 8: Waste improperly included in recyclable containers Photo: OCGJ • Procurement of Recovered Organic Waste Products
Representatives from most of the jurisdictions the OCGJ interviewed indicated that meeting the procurement requirements of SB 1383 is challenging. This is due to their jurisdictions’ State-calculated procurement targets far exceeding the quantity of recovered organic waste products that they can utilize.

To comply with SB 1383, jurisdictions must procure recovered organic waste products to meet an annual procurement target. Recovered organic waste products include:
o Compost
o Mulch
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o Renewable energy (transportation fuel, electricity, and gas for heating) from anaerobic digestion
o Electricity from biomass conversion
Each jurisdiction’s procurement target is calculated by multiplying its population, as reported by the California Department of Finance, by the per capita procurement target (0.08 tons of organic waste per California resident per year).

The resulting procurement target can then be multiplied by product conversion factors (as established by the regulations) to determine the annual procurement requirements for recovered organic waste products.

Source: CalRecycle
As one of the survey respondents stated:
“Meeting the annual procurement target presents a significant challenge. In addition, the formula used to calculate a jurisdiction’s procurement target does not account for density or square miles. Denser areas equal less space to distribute mulch or compost.

More people equals higher procurement target.”
As a result, a number of jurisdictions with high procurement targets had to use grant funding to purchase the required amounts of compost/mulch. Because the required target procurement amounts exceeded what they can utilize in their communities, they had to distribute the compost/mulch (via hauler) to agricultural communities outside Orange County. They also admitted that without grant funding, meeting the targets will be even more difficult and will require diverting resources from their own communities or raising rates.

The regulations limit procurement to “use or giveaway, and do not include the sale of products [14CCR Section 18993.1(e)(1)] so jurisdictions cannot sell the procured recovered organic waste products, such as compost, via a third party.” (CalRecycle, 2022)
Renewable Natural Gas (RNG) is one of the products that can be counted towards meeting a jurisdiction’s procurement goal. Haulers operating in Orange County, including Republic, CR&R, and Waste Management, utilize trucks powered by RNG.

However, in most cases the RNG they use is not purchased from an approved facility so it cannot be counted towards the required procurement goal. CalRecycle maintains a list of anaerobic digestion facilities in California to help jurisdictions find renewable gas that may be eligible towards their SB 1383 procurement obligations.

Currently, this list contains only six facilities that produce Compressed Natural Gas (CNG), which in this case is presumably compressed RNG. None of these facilities is located in Orange County. The closest are located in Riverside County (Perris), San Bernardino County (Victorville and Rialto), and San Diego County (Escondido).

The issue of RNG is further complicated by the fact that some sewage treatment plants also produce RNG, which (according to CalRecycle) is mostly ineligible. Below is the City Council 11 – 17 8/20/2024
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information included in “Frequently Asked Questions” on RNG on the CalRecycle website (CalRecycle, 2022):

Renewable gas derived solely from sewage is ineligible for meeting the procurement target because a Publicly Owned Treatment Work (POTW) is not a solid waste facility and therefore not in the scope of the legislative intent of SB 1383. Sewage is also not typically destined for a landfill, so its use does not help achieve the landfill diversion goals.

However, Title 14 explicitly authorizes POTWs to accept food waste without a solid waste facility permit, making it functionally similar to incentivizing biomethane from a solid waste facility. Therefore, it is justifiable to allow the portion of renewable gas resulting from the digestion of food waste at POTWs to count toward the procurement targets, provided the POTW accepts food waste from specified facilities or operations [see 14 CCR Section 18993.1(h)(1)] and meets all other applicable regulatory requirements. For more information, please see the Final Statement of Purpose and Necessity (pages 178-180).

The issue of procurement difficulties encountered by California jurisdictions is mentioned in the Little Hoover Commission 2023 report on the implementation of SB 1383. The Commission recommended that “the state should expand the list of compliance pathways and products eligible to count toward a jurisdiction’s procurement requirements.” (Little Hoover Commission, 2023)
• Coordination and Vision for the Future
In a county with thirty-four cities and several other jurisdictions, coordination, collaboration, and sharing resources and best practices can be a challenge. The OCGJ learned that county-wide groups meet on a regular basis, including a waste management coordinators’ group, a haulers’ group, and a market development group.

Additionally, the OCGJ learned that OCW&R has assumed a leadership role in positioning Orange County for a greener, more sustainable future.

OCW&R has a clear vision for a regional, county-wide approach to the implementation of SB 1383, which includes not only organics and edible food strategies, but also market creation and development, procurement and compliance, and regional standardization and collaboration.

The details of their vision are outlined in the 2024 presentation to the legislative group, which is available on the OCW&R website (OC Waste & Recycling, 2024).

The following slide has been taken from this presentation.

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Figure 9. Circular economy concept for Orange County Source: OCW&R • Other Issues
Multi-family housing units: While not within the scope of this report, it should be noted that services to multi-family units still pose a significant challenge. Jurisdictions are required to provide organic waste collection to multi-family units. Many find it difficult to provide a three-bin source-separated service to these units due to limited space.

Creative solutions, such as providing smaller organics containers or containers that are placed in a common area to serve multiple units, have been utilized by Orange County cities, but full compliance is difficult to achieve.

The cost of SB 1383 implementation: The Little Hoover Commission Report states that the gross cost of implementation was determined to be $40 billion between 2019 and 2030. (CalRecycle, 2019) “About 5 percent of this figure represents soft costs (i.e. the work local jurisdictions must do to create organic waste programs, educate the public, and ensure health, safety, and quality control measures are met). The other 95 percent represents the cost of disposing of organic waste, including constructing infrastructure” (Little Hoover Commission, 2023). Most Orange County jurisdictions interviewed by the OCGJ indicated that they had to increase their residential and/or business waste collection rates to cover the cost of expanded services mandated by SB 1383.

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COMMENDATIONS
• County of Orange, OC Waste & Recycling is commended for having successfully met SB 1383 mandates, developing new composting infrastructure, a model education and outreach program, moving towards robust and repurposing recycling programs, and developing gas-to-energy facilities to produce renewable energy.
• City of Mission Viejo, Solid Waste Program is commended for their proactive implementation of SB 1383 mandates, distributing compliant waste containers to all residents, and producing a robust outreach and education program using numerous delivery methods.

• City of Santa Ana Public Works, Trash and Recycling Program is commended for proactively revising their hauler contract to meet SB 1383 requirements, producing a notable and ongoing outreach and education program, distributing compliant waste containers to all residents, and fostering a highly collaborative relationship with their hauler.

FINDINGS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the findings presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

Based on its investigation titled “Talking Trash: Recyclables and Organic Waste,” the 2023-2024 Orange County Grand Jury has arrived at the following principal findings:

Container Standardization
F1. The majority of Orange County jurisdictions have not yet required their haulers to distribute residential containers that meet the CalRecycle standardized colors, leaving legacy and often incorrect or illegible labeling and embossing in place.

Funding and Enforcement
F2. While a jurisdiction may not delegate its overall responsibility for compliance with State requirements to a hauler, some jurisdictions have designated the task of imposing and collecting fines from residents to the hauler in accordance with State law. However, not all jurisdictions are clear on who ultimately receives and retains the collected fines.

F3. All jurisdictions will eventually start collecting fines from residents for noncompliance, but some have not yet determined whether the revenues will go into a waste and recycling enterprise fund or into the jurisdiction’s general fund.

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Education and Outreach
F4. In most jurisdictions, education and outreach is a joint effort between jurisdiction, hauler, and sometimes consultants, with the jurisdiction reviewing the materials before publication. The methods of dissemination vary by jurisdiction and hauler but frequently rely on a resident actively seeking the information, which requires the resident to have some awareness of the new mandates in the first place.

Most efforts primarily revolve around intermittent hard-copy paper mailings.

F5. Most jurisdictions currently have no way to accurately determine the effectiveness of their respective education and outreach efforts other than the eventual inspections or audits that will take place.

Procurement of Recovered Organic Waste Products
F6. There is some concern that there are not enough composting facilities in Orange County to process all organic waste, forcing some jurisdictions/haulers to transport it long distances for processing.

F7. There is currently no infrastructure in the county that is a State-approved source of Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions that use vehicles running on RNG procured from non-approved sources cannot count that RNG towards fulfillment of their procurement requirement.

F8. The formula used by the State to calculate a jurisdiction's procurement target does not account for a jurisdiction’s population density or geographic size (square miles). As such, meeting the annual procurement target presents a significant challenge for most jurisdictions.

F9. Many Orange County jurisdictions were unable to meet the requirement in SB 1383 to reduce organic waste sent to landfills by the 2020 deadline. It is unlikely the required seventy-five percent reduction will be achieved by the 2025 deadline.

F10. The current procurement requirements mandated by SB 1383 are unrealistic and likely unachievable by most jurisdictions.

RECOMMENDATIONS
In accordance with California Penal Code Sections 933 and 933.05, the 2023-2024 Grand Jury requires responses from each agency affected by the recommendations presented in this section. The responses are to be submitted to the Presiding Judge of the Superior Court.

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Based on its investigation titled “Talking Trash: Recyclables and Organic Waste,” the 2023-2024 Orange County Grand Jury makes the following recommendations:

Container Standardization
R1. All jurisdictions should expedite the acquisition and distribution of residential containers that meet the CalRecycle standardized colors. Additionally, until the compliant containers can be distributed, all jurisdictions should ensure the distribution of labeling for non-compliant containers that explain the current SB 1383 requirements applicable to their jurisdiction by June 30, 2025.

Funding and Enforcement
R2. By December 31, 2024, all jurisdictions should ensure their waste hauling agreements are in compliance with State statute so that haulers may be designated to perform certain required tasks but are not improperly delegated overall responsibility for compliance. Additionally, all jurisdictions should ensure that any fines collected by a hauler are forwarded to the jurisdiction.

R3. The OCGJ recommends that all jurisdictions utilize a dedicated waste and recycling enterprise fund for collection of fines for non-compliance with SB 1383 by December 31, 2024.

Education and Outreach
R4. By December 31, 2024, all jurisdictions should diversify the methods and media used for education and outreach to include, among others, various social media platforms, emails to residents, newspaper, television, flyer mailings, community events, and appearances at other public gatherings.

R5. By December 31, 2024, and in order to gauge the effectiveness of their education and outreach efforts, all jurisdictions should develop new methods to engage residents directly to help determine their awareness of the requirements associated with SB 1383, such as surveys, online quizzes, and door-to-door polling.

Procurement of Recovered Organic Waste Products
R6. By June 30, 2025, the OCGJ recommends that all jurisdictions participate in the OCW&R-led efforts to develop a coordinated county-wide approach to the organics recycling infrastructure and programs as well as procurement requirements associated with SB 1383, working towards creating circular economy as a long-term goal.

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R7. By December 31, 2024, the Orange County Board of Supervisors and all Orange County cities should lobby appropriate members of the State Legislature and/or CalRecycle to revise the organic waste diversion targets to better reflect Orange County’s waste amounts, revise the jurisdictions’ procurement requirements to better represent the limited options currently available for procurement, the jurisdictions’ varying populations, population densities, and geographic size, and to delay associated enforcement actions by the State.

RESPONSES
The following excerpts from the California Penal Code provide the requirements for public agencies to respond to the Findings and Recommendations of this Grand Jury report:

Section 933
(c) No later than 90 days after the grand jury submits a final report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury final report by, and in the control of the currently impaneled grand jury, where it shall be maintained for a minimum of five years.

Section 933.05.
(a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons thereof.

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(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, thereof.

Responses Required
Comments to the Presiding Judge of the Superior Court in compliance with Penal Code Section 933.05 are required from:

Findings – 90 Day Response Required
OC Board of Supervisors: F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 City Councils of:

Aliso Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Anaheim F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Brea F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Buena Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Costa Mesa F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Cypress F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Dana Point F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Fountain Valley F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 Fullerton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
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Garden Grove F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Huntington Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 Irvine F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
La Habra F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
La Palma F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Hills F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Niguel F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Laguna Woods F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Lake Forest F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Los Alamitos F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Mission Viejo F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Newport Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Orange F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Placentia F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Rancho Santa Margarita F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 San Clemente F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
San Juan Capistrano F1, F2, F3, F4, F5, F6, F7, F8, F9, F10 Seal Beach F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Stanton F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Tustin F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Villa Park F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Westminster F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
City Council 11 – 25 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 24
Yorba Linda F1, F2, F3, F4, F5, F6, F7, F8, F9, F10
Recommendations – 90 Day Response Required
OC Board of Supervisors: R1, R2, R3, R4, R5, R6, R7
City Councils of:

Aliso Viejo R1, R2, R3, R4, R5, R6, R7
Anaheim R1, R2, R3, R4, R5, R6, R7
Brea R1, R2, R3, R4, R5, R6, R7
Buena Park R1, R2, R3, R4, R5, R6, R7
Costa Mesa R1, R2, R3, R4, R5, R6, R7
Cypress R1, R2, R3, R4, R5, R6, R7
Dana Point R1, R2, R3, R4, R5, R6, R7
Fountain Valley R1, R2, R3, R4, R5, R6, R7
Fullerton R1, R2, R3, R4, R5, R6, R7
Garden Grove R1, R2, R3, R4, R5, R6, R7
Huntington Beach R1, R2, R3, R4, R5, R6, R7
Irvine R1, R2, R3, R4, R5, R6, R7
La Habra R1, R2, R3, R4, R5, R6, R7
La Palma R1, R2, R3, R4, R5, R6, R7
Laguna Beach R1, R2, R3, R4, R5, R6, R7
Laguna Hills R1, R2, R3, R4, R5, R6, R7
Laguna Niguel R1, R2, R3, R4, R5, R6, R7
Laguna Woods R1, R2, R3, R4, R5, R6, R7
Lake Forest R1, R2, R3, R4, R5, R6, R7
Los Alamitos R1, R2, R3, R4, R5, R6, R7
Mission Viejo R1, R2, R3, R4, R5, R6, R7
Newport Beach R1, R2, R3, R4, R5, R6, R7
Orange R1, R2, R3, R4, R5, R6, R7
City Council 11 – 26 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 25
Placentia R1, R2, R3, R4, R5, R6, R7
Rancho Santa Margarita R1, R2, R3, R4, R5, R6, R7
San Clemente R1, R2, R3, R4, R5, R6, R7
San Juan Capistrano R1, R2, R3, R4, R5, R6, R7
Seal Beach R1, R2, R3, R4, R5, R6, R7
Stanton R1, R2, R3, R4, R5, R6, R7
Tustin R1, R2, R3, R4, R5, R6, R7
Villa Park R1, R2, R3, R4, R5, R6, R7
Westminster R1, R2, R3, R4, R5, R6, R7
Yorba Linda R1, R2, R3, R4, R5, R6, R7

REFERENCES
California Air Resources Board. (2024). Short-Lived Climate Pollutants. Retrieved from https://ww2.arb.ca.gov/our-work/programs/slcp/about
CalRecycle. (2019, October 2). Initial Statement of Reasons Appendix A: Cost Update.

Retrieved from CalRecycle: https://www2.calrecycle.ca.gov/Docs/Web/115980 CalRecycle. (2022, December 5). Procurement Questions and Answers. Retrieved from CalRecycle: https://calrecycle.ca.gov/organics/slcp/faq/recycledproducts / CalRecycle. (2023). SB1383 Education and Outreach Resources. Retrieved from CalRecicle: https://calrecycle.ca.gov/organics/slcp/education/ CalRecycle. (2024). 2022 State of Disposal and Recycling Report. Sacramento:

Department of Resources Recycling and Recovery (CalRecycle). Retrieved from https://www2.calrecycle.ca.gov/Publications/Details/1732 CalRecycle. (2024). Enforcement Questions and Answers. Retrieved from https://calrecycle.ca.gov/organics/slcp/faq/enforcement/ CalRecycle. (2024). SB 1383 Education and Outreach Resources. Retrieved from https://calrecycle.ca.gov/organics/slcp/education/
City Council 11 – 27 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 26
Center for Sustainable Behavior & Impact. (2022). Consumer Insights on Packaging, Labels, and Claims for Recycling. The Recycling Partnership. Retrieved from https://recyclingpartnership.org/wpcontent/uploads/dlm_uploads/2023/06/Consumer_Labeling_Research_Final.pdf Christian Blanco, C. S. (2023, May 30). America's Broken Recycling System. Retrieved from California Management Review : https://cmr.berkeley.edu/2023/05/americas-broken-recycling-system/ Christian Blanco, C. S. (2023, May 30). Is it Time to Consider a National Recycling Standard? California Management Review. Retrieved from
https://cmr.berkeley.edu/2023/05/is-it-time-to-consider-a-national-recyclingstandard / Little Hoover Commission. (2023). Reducing California's Landfill Methane Emissions:

SB1383 Implementation. Sacramento: Little Hoover Commission.

Mouchard, A. (2024, May 4). Tech meets trash in Orange County’s landfill future.

Orange County Register. Retrieved from
https://www.ocregister.com/2024/05/04/tech-meets-trash-in-orange-countyslandfill-future/ OC Waste & Recycling. (2024). OCW&R. Retrieved from OCW&R:
https://oclandfills.com/sites/ocwr/files/2024-
03/1383%20IMAGINE%20WHAT%20CAN%20BE%20Presentaiton.pdf
Recycling Inside. (2023, June 2). Revolutionizing Recycling: The Relevance of Artificial Intelligence in the Recycling Industry. Retrieved from
https://recyclinginside.com/the-relevance-of-artificial-intelligence-in-the-recyclingindustry/ Savage, S. (2023, February 16). Forbes. Retrieved from
https://www.forbes.com/sites/stevensavage/2023/02/16/the-golden-statescircular-economy-goals-is-that-just-california-dreamin-or-thefuture/?sh=95c357338e58

GLOSSARY
AB Assembly Bill
CalRecycle California Department of Resources Recycling and Recovery City Council 11 – 28 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 27
Circular Economy Current economic models consist of acquiring materials, making them into products, and then those products become waste. A circular economy reduces material use, redesigns materials and products to be less resource intensive, and recaptures “waste” as a resource to manufacture new materials and products.

Compost Compost is made from a variety of organic materials and is used to add nutrients and improve soil structure by mixing it into the soil.

Mulch Mulch is typically made from a single material like straw, grass clippings, or wood chips and is spread on top of the soil to suppress weeds, retain moisture, regulate soil temperature, and protect plant roots.

MRF Material Recovery Facility
OCGJ Orange County Grand Jury
OCW&R OC Waste & Recycling, a department of the County of Orange Organic Waste Solid wastes originated from living organisms and their metabolic waste products, and from petroleum, which contain naturally produced organic compounds, and which are biologically
decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide, and other simpler organic compounds. Sometimes called biodegradable waste.

ORNGE Organics to Natural Gas and Energy
POTW Publicly Owned Treatment Work
Recycling Using waste as material to manufacture a new product. Recycling involves altering the physical form of an object or material and making a new object from the altered material.

RNG Renewable Natural Gas
SB Senate Bill
SLCP Short-Lived Climate Pollutants
Solid Waste Discarded or abandoned materials. Solid wastes can be solid, liquid, semi-solid or containerized gaseous material.

Waste Objects or materials for which no use or reuse is intended.

City Council 11 – 29 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 28

APPENDICES
APPENDIX A – SURVEY RESULTS
Survey participants were asked to mark their progress on a scale from 1 (significant challenges) to 5 (excellent progress) for each of the nine questions. On the following bar graphs, the ‘x’ axis (horizontal) depicts the rating scale from 1 to 5. The ‘y’ axis (vertical) represents the number of respondents that gave themselves a particular rating.

Was your city successful in meeting the goal of reducing organic waste disposal 50% by 2020?
Are you confident that your city will meet the goal of reducing organic waste 75% by 2025?
City Council 11 – 30 8/20/2024
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2023-2024 Orange County Grand Jury Page 29
How would you rate your city's success in providing organic waste collection services to all residents?
How successful is your city in recycling these organic materials? How would you rate your confidence that city residents have been educated to have sufficient knowledge of the composting requirements (and associated restrictions) with the proper disposal of yard trimmings and food scraps?
City Council 11 – 31 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 30
How successful was your city in procuring a quantity of recovered organic waste products annually?
How would you rate your city's success in meeting the record-keeping requirements associated with SB1383, including but not limited to, inspection and enforcement, compliance reviews, investigation of complaints, and alleged violations? How satisfied are you that your current agreements(s) with the hauler(s) that service your city are adequate to comply with all provisions of residential services required by SB1383?
City Council 11 – 32 8/20/2024
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2023-2024 Orange County Grand Jury Page 31
Are your city's current staffing levels that are, or will become, responsible for all aspects of full SB1383 compliance adequate to meet the tasks at hand? The following examples of additional comments or explanations for their answers to the questions above were provided by survey respondents:
“Comprehensive implementation and effective management of SB 1383 would require additional resources and financial support. Despite our [jurisdiction’s] proactive approach, including securing a new hauler/franchise agreement . . . that aligns with SB 1383's requirements and achieving near-complete adoption of these guidelines, there remains a widespread reluctance towards organic recycling. Ongoing educational efforts are in place and will continue; however, achieving significant behavioral change and compliance will require additional resources.”
“[Our jurisdiction has] been working on compliance regarding SB 1383 with new franchise agreements, building out local infrastructure, meeting the SB 619 procurement targets, providing education and outreach, programs are being implemented to incrementally improve participation and increase diversion. We are increasing staffing levels to help with continued support for compliance as it requires increased effort for more inspections, waste characterizations, more education and outreach, further program development, market creation and development for compost and mulch, inspections, education, and enforcement support. Although meeting the 75% goal requires more heavy lifting, I anticipate we will see incremental improvements from our efforts.”
“SB 1383 has proven to challenge the recycling habits of many throughout the [jurisdiction]. Through updated franchise agreements . . . and CalRecycle grant funding, we have been able to educate and encourage change in disposal habits as required via SB 1383. Additional outreach outlining the requirements and benefits of recycling organic material will be key in successfully transitioning residents and business owners to recycle organic material.”
“[We] started a new franchise agreement after an RFP process . . . . This allowed us to incorporate all hauler-related SB 1383 compliance activities and select an innovative City Council 11 – 33 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 32
organic waste collection program. We are facing procurement challenges as energy related products are not readily available (particularly) RNG for collection vehicles.

Staffing may prove to be a challenge, depending upon the amount of complaints, inspections, and enforcement actions we are required to address.” “Procurement [is our] biggest challenge.”
“Our agreement with [the hauler] required that they implement 1383 compliant programming immediately for residential. It also includes education/outreach, contamination monitoring, purchase or compost/mulch on our behalf. Residential 3-cart was implemented on day one of the agreement. However, even with education, residents are hesitant to participate with food in the organics container due to not being allowed to use compostable bags and therefore attracting bugs and vermin.” “Meeting the annual procurement target presents a significant challenge. [The hauler’s] collection trucks are fueled with RNG. The RNG purchased is California produced, though not SB 1383 qualified. In addition, the formula used to calculate a jurisdiction’s procurement target does not count for density or square miles. Denser areas equal less space to distribute mulch or compost. More people equals higher procurement target.” “As with any new program where you need to change habits and behavior, it is going to a long-term project to get adults in the habit of separating their food scraps. State of CA should implement a statewide outreach campaign, and not just rely on local jurisdictions to provide all the outreach.”
City Council 11 – 34 8/20/2024
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 33
APPENDIX B – CIRCULAR ECONOMY STARTS IN YOUR KITCHEN

Circular conomy at or
City Council 11 – 35 8/20/2024
Finance & Management Services
www.santa-ana.org/finance
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Amazon Online Marketplace Purchase of Goods

AGENDA TITLE
Citywide Purchase Order Contract to Amazon Capital Services, Inc. for the Online Marketplace Purchase of Goods (Specification No. 24-091) (General Fund and NonGeneral Fund)

RECOMMENDED ACTION
Award a citywide purchase order contract to Amazon Capital Services, Inc. for online marketplace purchases of goods for a three and-a-half year term beginning August 1, 2024 and expiring January 18, 2028, for an annual amount not to exceed $650,000.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Since 2019, the City has incorporated Amazon Capital Services, Inc. as a trusted and reliable vendor to provide miscellaneous arts and crafts supplies, small technologyrelated accessories, hard to find and specialty items, as well as items that are currently unavailable under existing City contracts. In 2022, the City expanded the Amazon Online Marketplace to all City agencies, allowing approved City staff to create shopping carts and initiate returns. This has created efficiencies to secure department orders at a much quicker pace. Amazon’s Business Prime online ordering system also provides tracking and payment information for the requesting agency and spend analysis reports for Purchasing Division staff.

Currently, there are over 72,690 vendors located within Orange County selling on the Amazon Marketplace with over 5,145 located in Santa Ana. Amazon Capital Services, Inc. has also created a campaign to highlight Santa Ana vendors as a first-choice option, then Orange County vendors as a second choice, followed by various sellers while departments search for items.

With the expansion of the Citywide Online Amazon Marketplace in 2022, orders for ergonomic chairs and related equipment have steadily increased due to their high quality and value pricing. The Human Resources Department, Risk Management Division utilizes this contract for the procurement of ergonomic equipment on a frequent City Council 12 – 1 8/20/2024
Amazon Online Marketplace Purchase of Goods
August 20, 2024

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basis. Additionally, in Fiscal Year 2023-24, the Police Department began purchasing all required materials and apparel for incoming SAPD academy recruits under the direction of the Orange County Sheriff’s Department through the Amazon Online Marketplace for the purpose of County-Wide standardization. A need for additional resources has also been identified due to a recent upsurge of purchases of community outreach and other event giveaways and activity-related arts and craft items by the Parks, Recreation and Community Services Agency, Library, and Water Resources Division.

Lastly, with the closure of the City’s Stores facility effective June 30, 2024, departments will now rely heavily on several citywide contracts, including Amazon Marketplace, to purchase approved items that were previously provided by Stores and are required for daily operations, including personal protective equipment (PPE), fleet degreaser, disinfectant supplies, batteries, and miscellaneous safety equipment (gloves, goggles, etc.).

Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Omnia Partners, a cooperative government purchasing agency, awarded a contract to Amazon Capital Services, Inc. (R-TC-17006) as a result of open, competitive bidding on behalf of its members, which includes government agencies.

Purchasing staff researched available procurement options and determined that Amazon Capital Services, Inc. meets the City’s immediate needs and can provide noncontracted miscellaneous items utilized by citywide departments. This contract offers convenient options including free expedited shipping with as soon as same-day and next-day delivery, the opportunity to purchase hard to find, discontinued, or obsolete manufacturer supplies, many other volume discounted items, and a simple return process. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and in accordance with the City’s existing Purchasing Guidelines.

Therefore, staff recommends awarding a contract to Amazon Capital Services, Inc. for an estimated annual amount not-to-exceed $650,000, and a total contract not-to exceed amount of $2,275,000 during the entire contract term.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the FY 2024-25 budget for an amount of $650,000 in various departmental Miscellaneous Operating Expense account (no. 63001) and Operating Materials & Supplies Buildings/Grounds (no. 63200). Future fiscal year funding for a total amount not to exceed $2,275,000, including any remaining amounts not spent in previous fiscal years during the term of the contract, will be included in the proposed budgets for City Council consideration. Prior to utilizing the citywide contracts, the City Council 12 – 2 8/20/2024
Amazon Online Marketplace Purchase of Goods
August 20, 2024

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requesting departments will follow the Purchasing Policies and Procedures (Policy) and ensure funds are available. Upon successful completion of the fiscal review, the Purchasing Division will approve orders in accordance with the Policy.

The City’s total annual budget for miscellaneous operating materials and supplies is $21,249,330, of which the contract with Amazon Capital Services would only represent approximately three percent (3%) of the City’s expenditures for these accounts.

EXHIBIT(S)

1. Omnia Executive Summary of Cooperative Contract #R-TC-17006 Submitted By: Kathryn Downs, Finance and Management Services Executive Director Approved By: Alvaro Nuñez, City Manager
City Council 12 – 3 8/20/2024

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ON-LINE MARKETPLACE FOR THE PURCHASES OF PRODUCTS AND SERVICES Executive Summary
Lead Agency: Prince William County Public Schools Solicitation: R-TC-17006 RFP Issued: September 14, 2016 Pre-Proposal Date: N/A
Response Due Date: October 14, 2016 Proposals Received: #12 Awarded to: Amazon Services, LLC, Contract #R-TC-17006
Prince William County Public Schools Purchasing Office issued RFP #R-TC-17006 on September 14, 2016, to establish a national cooperative contract for an On-line Marketplace for the Purchases of Products and Services.

The solicitation included cooperative purchasing in Section 1. Purpose:

The Purpose and Intent of this Request for Proposal (RFP) is to establish a cooperative contract, or contracts, for an On-line Marketplace for the purchase of the product categories in Section 4.1 for Prince William County Public Schools, Virginia, (herein referred to as “PWCS” or “Lead Public Agency”) on behalf of all states, local governments, school districts, and higher education institutions in the United States of America, and other governmental agencies and nonprofit organizations (herein “Participating Public Agencies) through sealed proposals from qualified sources to establish term contract, to include delivery, through competitive negotiations in accordance with the statement of needs, terms and conditions stated herein.

Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• Daily Journal of Commerce, OR
• Fauquier Times, VA
• The Honolulu Star, HI
• The Buy Line Blog-City Purchasing, Seattle.gov
• The New York State Contract Reporter, NYSCR.ny.gov
• ONVIA
• Merx.com
• U.S. Communities
• Prince William County Public Schools, VA
• Virginia’s e-Procurement Portal, eVA, dgs.virginia.gov • Washington’s Electronic Business Solutions
On October 14, 2016 proposals were received from the following offerors:
• American Product Distributors
• Complete Book & Media Supply
• Innoseal
• Hi-Touch
• Music and Arts
• LD Products
EXHIBIT 1
City Council 12 – 4 8/20/2024

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• World ERP
• Amazon Services, LLC/Amazon Business
• Essendent Co.
• Peripole, Inc. d.b.a. Peripole-Bergerault, Inc.
• Scull Studios, LLC
• Textbook Warehouse, LLC
Seven (7) proposals were deemed non-responsive, five (5) proposals were deemed responsive and evaluated by an evaluation committee. The five (5) responsive proposals are Amazon Services LLC/Amazon Business, Essendent, Peripole, Scull Studios and Textbook Warehouse. Using the evaluation criteria established in the RFP, the committee elected to award to Amazon Services, LLC /Amazon Business for an online marketplace.

Contract includes:

Amazon Business has everything you love about Amazon, tailored for the public sector, including state and local government agencies, public and private K-12 school districts and higher education organizations, and nonprofit businesses. Solution benefits include:
• Offers comparison shopping
• Tax Exemption Program
• Enable spending controls
• Approval workflows
• Level 3 transaction reporting
• Reporting and analytics
Term:

Initial five-year agreement from January 19, 2017 through January 18, 2022 with the option to renew for three (3) additional two (2) year periods through January 18, 2028.

Pricing/Discount:

The Prince William County Public Schools, VA awarded online marketplace makes it easy to compare prices and find the best deals. To begin, Amazon Business customers must be registered as participants of OMNIA Partners in order to use the contract. Please Register to Participate. There are no costs, minimum quantity requirements or spend limits with OMNIA Partners or to create an Amazon Business account.

To get started, follow these steps:

Already have an Amazon Business account and registered with OMNIA Partners? Please enroll to use the contract by completing the contract enrollment form below.

Complete the contract enrollment form by clicking here. Once you complete the form, an Amazon Business Customer Advisor will contact you within three business days to complete the registration process.

OMNIA Partners, Public Sector Landing Pages: https://www.omniapartners.com/publicsector/contracts/suppliercontracts/amazon-business City Council 12 – 5 8/20/2024
Finance and Management Services
www.santa-ana.org/finance
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Aggregate Purchase Order Contracts for Promotional Items

AGENDA TITLE
Aggregate Purchase Order Contracts with Promotethis!, Impact PromoSource, LLC (previously Graphic Printsource, Inc.), and Superior Promos for Promotional Items (Specification No. 23-024) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to increase the annual aggregate not-to-exceed amount of the citywide purchase order contracts with vendors listed below by $355,000 for promotional items, for a new annual aggregate amount not to exceed amount of $550,000.

Vendor Location
Impact PromoSource, LLC. Corona, CA
Promotethis! Huntington Beach, CA
Superior Promos Brooklyn, NY
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Purchasing Division establishes annual citywide purchase order contracts with vendors that provide services and materials required by City departments on a recurring basis. The City currently utilizes an assortment of promotional items for educational and outreach purposes to disperse information about the City of Santa Ana throughout the community at various community and professional events.

On March 21, 2023, the City Council awarded aggregate citywide purchase order contracts to Promotethis!, Graphic Printsource, Inc., Superior Promos, and QCORP Printing Solutions for a not-to-exceed aggregate amount of $975,000, after a competitive Invitation for Bids process to supply promotional items to the City. The original award was for a term of one year, with four (4) one-year renewal options. If the City exercises all options, the aggregate purchase order will expire at the end of March 2027. Since then, Graphic Printsource, Inc. has become Impact PromoSource, LLC. A contract was not fully executed with QCORP Printing Solutions due to the vendor’s City Council 13 – 1 8/20/2024
Amend Aggregate Citywide Purchase Order Contracts for Promotional Items August 20, 2024

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failure to respond to the City’s requests for required documents to establish the contract.

There is an increased need for promotional items throughout multiple departments, including the Public Works Agency, Human Resources, Parks, Recreation, and Community Services Agency, Community Development Agency, Planning and Building Agency, and Library. Therefore, staff recommends an amendment to increase the annual aggregate not-to-exceed amount of citywide purchase order contracts by $355,000 to provide sufficient resources for promotional items (i.e., lanyards, pens, coasters, key chains, reusable water bottles, water coloring books, colored pencils, etc.) at community and professional events, such as job fairs, health fairs, neighborhood meetings, reading programs, and other various community engagement and marketing opportunities.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funding is available in the FY 2024-25 budget for an annual aggregate amount of $550,000 in various departmental Miscellaneous Operating Expense accounts (no. 63001) and other various departmental accounts as listed below. Future fiscal year funding for a total aggregate amount not to exceed $2,200,000, including any remaining amounts not spent in previous fiscal years during the term of the contract, will be included in the proposed budgets for City Council consideration. Prior to utilizing the citywide contracts, the requesting departments will follow the Purchasing Policies and Procedures (Policy) and ensure funds are available. Upon successful completion of the fiscal review, the Purchasing Division will approve orders in accordance with the Policy.

Department / Division Account
PWA – Water Resources Division 06017644-63001
PWA – Parks, Fleet & Facilities 01117651-63001
PWA – Parks, Fleet & Facilities 07317100-63001
PWA – Parks, Fleet & Facilities 07517100-63001
PWA – Maintenance Division 06817640-63001
PWA – Engineering CIP 08617613-63001
PWA – Engineering CIP 01117611-63001
PWA – Engineering DEV 10117605-63001
PWA – Engineering Traffic 01117620-63001
PWA – Admin 10117601-63001
CDA – Economic Development 01118810-63001
CDA – Housing 13318780-63001
CDA Work Center SAY 01213020-63001
CDA Work Center One Stop 12318756-63001
HR – Benefits and Wellness Fair 08109053-62120
City Council 13 – 2 8/20/2024
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HR – Benefits Event – Rideshare 03109050-69106
HR – Recruitment Job Fair 01109050-62200
HR – Organizational Development and Training 01109050-62120 HR – Admin 01109050-63001
PD – Various Accounts 01114420-63001
01114405-63001
01114404-63001
Library – Various Accounts 01111110-63001
01211020-63001
Parks, Recreation and Community Services –
Various Accounts
01113230-63001
01113220-63001
01213020-63001
Planning & Building Agency – Various Accounts 01116500-63001 01116510-63001
01116520-63001
01116530-63001
01116540-63001
01116550-63001
01116560-63001
01216010-63001
Finance & Management Services Agency 01110100-63001
City Clerk’s Office 01107031-63001
City Manager’s Office 01103010-63001
Submitted By: Kathryn Downs, Finance and Management Services Executive Director Approved By: Alvaro Nuñez, City Manager
City Council 13 – 3 8/20/2024
Information Technology
www.santa-ana.org/information-technology
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Firewall Hardware and Services

AGENDA TITLE
Purchase Order to AirGap Labs, LLC for Firewall Hardware and Services (Specification No. 24-096) (Non-General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to AirGap Labs, LLC for firewall hardware, including installation services and five-year subscription, in an amount not to exceed $96,054.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Information Technology Department (IT) provides support to both City Hall and the Santa Ana Police Department (SAPD)’s data centers. The need to protect and ensure the safety of the City’s digital assets is one of the top concerns facing the City today. To accomplish this goal, the City uses firewalls that provide protection against outside cyberattacks by enforcing policies that shield the City’s network and computer systems from malicious network traffic. Additionally, firewalls provide off-site and remote workers secure access into authorized data and network resources by facilitating VPN (Virtual Private Network) connections.

The City of Santa Ana utilizes several firewall devices at various locations to provide adequate protection of the citywide network. Several firewalls are currently at the end of their useful lives and will no longer be supported by the vendor. To protect the City’s network from vulnerabilities, staff recommends replacing these firewalls with upgraded devices. These upgraded devices are the latest in digital protection, helping to merge the best parts of traditional firewall technology with new security innovations that deliver optimal digital protection. The request includes assistance with the installation/configuration of the firewalls and a five-year subscription for maintenance, support, and threat protection updates.

Santa Ana City Ordinance No. NS-3041 authorizes the City to purchase against City Council 14 – 1 8/20/2024
Purchase of Firewall Hardware and Services
August 20, 2024

Page 2 ends

contracts from any public agency utilizing a competitive bid process. Omnia Partners, a cooperative government purchasing agency, awarded a contract to AirGap Labs, LLC (Contract no. 01-154) for procurement of security products and data protection solutions as a result of open, competitive bidding, and meets the City’s requirements.

FISCAL IMPACT
Funds in the amount of $96,054 are available for expenditure in the current Fiscal Year 2024-25 budget as follows:

Fiscal
Year
Accounting
Unit –
Account
Fund
Description
Accounting Unit,
Account Description
Amount
FY 24-25 10920149-66400 Information
Technology
IT Projects, Machinery
& Equipment
$ 96,054

EXHIBIT(S)

1. Omnia Partners Contract Number 01-154
Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager
City Council 14 – 2 8/20/2024

PROPOSAL
SUBMITTED TO:

Region 14 Education Service Center
and
The National Cooperative Purchasing Alliance
IN RESPONSE TO:

RFP# 40-22
IT Security Products and Data Protection Solutions
SUBMITTED BY:

FORTINET, INC.
899 Kifer Road
Sunnyvale, California 94086-5205
www.fortinet.com
City Council 14 – 3 8/20/2024
Response to RFP# 40-22

FOREWORD
Fortinet, Inc. is pleased to respond to this Request for Proposal (RFP) for IT Security Products and Data Protection Solutions issued by the Texas Region 14 Education Service Center (ESC) on behalf of the National Cooperative Purchasing Alliance (NCPA).

Fortinet is one of the world’s top cybersecurity brands, delivering broad, integrated, and automated protection to enable organizations to securely accelerate their digital journey. We rank number one in the most security appliances shipped worldwide and more than 500,000 customers trust Fortinet to protect their businesses. For over 20 years, Fortinet’s mission has been to secure people, devices, and data. Fortinet has been the driving force in the evolution of cybersecurity and the convergence of networking and security.

Fortinet’s network security solutions are the most deployed, most patented, and among the most validated in the industry. Fortinet secures the largest enterprises, service providers, and government organizations around the world. Fortinet empowers its customers with intelligent, seamless protection across the expanding attack surface and the power to take on ever-increasing performance requirements of the borderless network—today and into the future.

We appreciate the opportunity to submit this response and in the event we are awarded a contract, we look forward to working with the Region 14 ESC and NCPA.

In keeping with the RFP instructions, our proposal consists of the following information:

Tabs
Tab 1 – Master Agreement / Signature Form
Tab 2 – NCPA Administration Agreement
Tab 3 – Vendor Questionnaire
Tab 4 – Vendor Profile
Tab 5 – Products and Services / Scope
Tab 6 – References
Tab 7 – Pricing
Tab 8 – Value Added Products and Services
Tab 9 – Required Documents
Should you have any questions about our proposal, please do not hesitate to contact me.

Best regards,
Jerilyn Bailey
Public Sector Contracts Manager
Phone: (850) 728-6504 | Email: [email protected]
City Council 14 – 4 8/20/2024
TAB 1

MASTER AGREEMENT - GENERAL TERMS AND CONDITIONS
Customer Support
The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request.

Disclosures
Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract.

The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract.

Renewal of Contract
Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew for up to two (2) additional one-year terms or any combination of time equally not more than 2 years if agreed to by Region 14 ESC and the vendor.

Funding Out Clause
Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions:

Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract.

Shipments (if applicable)
The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable.

Tax Exempt Status
Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor.

City Council 14 – 5 8/20/2024
Payments
The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor.

Adding Authorized Distributors/Dealers
Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized.

Purchase orders and payment can only be made to awarded vendor or distributors/ business partners/resellers previously approved by NCPA.

Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder.

All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA.

Pricing
All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA.

All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing
Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment Products: Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects Construction: Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Safety
Vendors performing services shall comply with occupational safety and health rules and regulations. Also all vendors and subcontractors shall be held responsible for the safety of their employees and any conditions that may cause injury or damage to persons or property.

City Council 14 – 6 8/20/2024
Permits
Since this is a national contract, knowing the permit laws in each state is the sole responsibility of the vendor.

Indemnity
The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract.

Franchise Tax
The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes.

Supplemental Agreements
The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor.

Certificates of Insurance
Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified.

Legal Obligations
It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein.

Protest
A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following:
• Name, address and telephone number of protester
• Original signature of protester or its representative • Identification of the solicitation by RFP number
• Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested
City Council 14 – 7 8/20/2024
Any protest review and action shall be considered final with no further formalities being considered.

Force Majeure
If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders and regulation of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; pandemic; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty Prevailing Wage
It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly.

Termination
Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order.

Open Records Policy
Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by-page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s).

The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient City Council 14 – 8 8/20/2024
information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG.

Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor.

Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information.

City Council 14 – 9 8/20/2024

PROCESS
Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document.

Contract Administration
The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC.

Contract Term
The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms or any combination of time equally not more than 2 years.

It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract.

Contract Waiver
Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract.

Price Increases
Should it become necessary, price increase requests may be submitted at any point during the term of the contract by written amendment. Included with the request must be documentation and/or formal cost justification for these changes. Requests will be formally reviewed, and if justified, the amendment will be approved.

Products and Services Additions
New Products and/or Services may be added to the resulting contract at any time during the term by written amendment, to the extent that those products and/or services are within the scope of this RFP.

Competitive Range
It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration.

City Council 14 – 10 8/20/2024
Deviations and Exceptions
Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible.

Estimated Quantities
While no minimum volume is guaranteed, the estimated (but not limited to) annual volume for Products and Services purchased under the proposed Master Agreement is $50 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program.

Evaluation
Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices.

NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance.

Formation of Contract
A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. Contract award letter issued by Region 14 ESC is the counter-signature document establishing acceptance of the contract.

NCPA Administrative Agreement
The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort.

Clarifications/Discussions
Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondent’s are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices.

City Council 14 – 11 8/20/2024
Multiple Awards
Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies.

Past Performance
Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer.

City Council 14 – 12 8/20/2024

EVALUATION CRITERIA
Pricing (40 points)
Electronic Price Lists
• Products, Services, Warranties, etc. price list
• Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item.

Ability to Provide and Perform the Required Services for the Contract (25 points) • Product Delivery within participating entities specified parameters • Number of line items delivered complete within the normal delivery time as a percentage of line items ordered.
• Vendor’s ability to perform towards above requirements and desired specifications. • Past Cooperative Program Performance
• Quantity of line items available that are commonly purchased by the entity. • Quality of line items available compared to normal participating entity standards.

References and Experience (20 points)
• A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years
• Respondent Reputation in marketplace
• Past Experience working with public sector.
• Exhibited understanding of cooperative purchasing
Value Added Products/Services Description, (8 points)
• Additional Products/Services related to the scope of RFP • Marketing and Training
• Minority and Women Business Enterprise (MWBE) and (HUB) Participation • Customer Service
Technology for Supporting the Program (7 points)
• Electronic on-line catalog, order entry use by and suitability for the entity’s needs • Quality of vendor’s on-line resources for NCPA members. • Specifications and features offered by respondent’s products and/or services City Council 14 – 13 8/20/2024

SIGNATURE FORM
The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days
____________________________________________________________________________ Company Name
____________________________________________________________________________ Address
____________________________________________________________________________ City State Zip
___________________________________ ___________________________________ Telephone Number Fax Number
____________________________________________________________________________ Email Address
___________________________________ ___________________________________ Printed Name Position
____________________________________________________________________________ Authorized Signature
Fortinet, Inc.
899 Kifer Road
Sunnyvale California 94086
(850) 728-6504 N/A
[email protected]
Jerilyn Bailey Public Sector Contracts Manager
TAB 1
City Council 14 – 14 8/20/2024
TAB 2

NCPA ADMINISTRATION AGREEMENT
This Administration Agreement is made as of _________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”).

Recitals
WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of IT Security Products and Data Protection Solutions;
WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement;
WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;
WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA
WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement;
WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:

General Terms and Conditions
• The Master Agreement, attached hereto as Exhibit 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Administration Agreement except as expressly changed or modified by this Administration Agreement.
• NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Administration Agreement including, but not limited to, Contractor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

Fortinet, Inc.

December 1, 2022
December 1, 2022 01-154
City Council 14 – 15 8/20/2024
• Contractor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. • NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Contractor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.
• With respect to any purchases made by Region 14 ESC or any Participating Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, remarketer, representative, partner, or agent of any type of Contractor, Region 14 ESC, or such Participating Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Participating Agency or any employee of Region 14 ESC or Participating Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Participating Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Participating Agency, or any employee of Region 14 ESC or Participating Agency under this Administration Agreement or the Master Agreement. • With respect to any supplemental agreement entered into between a Participating Agency and Contractor pursuant to the Master Agreement, NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. • This Administration Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Administrative Agreement which is not contained herein shall be valid or binding. • Contractor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this Administration Agreement or the Master Agreement by Contractor must have prior approval from NCPA.
• If any action at law or in equity is brought to enforce or interpret the provisions of this Administration Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.
• Neither this Administration Agreement nor any rights or obligations hereunder shall be assignable by Contractor without prior written consent of NCPA, provided, however, that the Contractor may, without such written consent, assign this Administration Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets or business related to this Administration Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Administration Agreement.
• This Administration Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder.

Term of Agreement
This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the City Council 14 – 16 8/20/2024
termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.

Fees and Reporting
The awarded vendor shall electronically provide NCPA with a detailed quarterly report showing the dollar volume of all sales under the contract for the previous quarter. Reports are due on the fifteenth (15th) day after the close of the previous quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount
Total ____________
Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides.

Annual Sales Through Contract Administrative Fee
0 - $30,000,000 2%
$30,000,001 - $50,000,000 1.5%
$50,000,001+ 1%
Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an under reporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.

City Council 14 – 17 8/20/2024

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Matthew Mackel
Director, Business Development
PO Box 701273
Houston, TX 77270
December 1, 2022
City Council 14 – 18 8/20/2024
TAB 3

VENDOR QUESTIONAIRE
Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services.

Locations Covered
• Bidder must indicate any and all locations where products and services can be offered. • Please indicate the price co-efficient for each location if it varies.

All 50 States & District of Columbia
(Selecting this box is equal to checking all boxes below) Alabama Illinois Montana Rhode Island
Alaska Indiana Nebraska South Carolina
Arizona Iowa Nevada South Dakota
Arkansas Kansas New Hampshire Tennessee
California Massachusetts New Jersey Texas
Colorado Michigan New Mexico Utah
Connecticut Minnesota New York Vermont
Delaware Mississippi North Carolina Virginia
D.C. Missouri North Dakota Washington
Florida Kentucky Ohio West Virginia
Georgia Louisiana Oklahoma Wisconsin
Hawaii Maine Oregon Wyoming
Idaho Maryland Pennsylvania
All U.S. Territories and Outlying Areas
(Selecting this box is equal to checking all boxes below) American Somoa Northern Marina Island
Federated States of Micrones Puerto Rico
Guam U.S. Virgin Islands
Midway Islands
X
X
City Council 14 – 19 8/20/2024
All Canada Provinces and Territories
(Selecting this box is equal to checking all boxes below) Alberta Prince Edward Island
British Columbia Quebec
Manitoba Saskatchewan
New Brunswick Northwest Territories
Newfoundland and Labrador Nunavut
Nova Scotia Yukon
Ontario
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to public agencies in Canada? If no or maybe, please explain.

Yes Maybe No
If awarded a Master Agreement, will your company extend the terms offered in your Proposal to private sector customers?
Yes Maybe No
Minority and Women Business Enterprise (MWBE) and (HUB) Participation It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.

Minority/Women Business Enterprise Historically Underutilized Business Respondent Certifies that this firm Respondent Certifies that this firm is a a Minority / Women Business Enterprise Historically Underutilized Business Small Business, MWBE and HUB Growth
If Proposer is a Large, National or Multinational Organization/Corporation, what programs are in place that partners or supports the growth of small and MWEB and HUB business? If yes, please describe.

N/A, we are a recognized small, MWEB or HUB organization No, we do not have any programs in place.

Yes, we have programs in place.

X
X
X
x
City Council 14 – 20 8/20/2024
Residency
Responding Company’s principal place of business is in the city of ______________________, State of _________________.

Felony Conviction Notice
Please Check Applicable Box (If the 3rd box is checked, a detailed explanation of the names and convictions must be attached):

A publicly held corporation; therefore, this reporting requirement is not applicable.

Is not owned or operated by anyone who has been convicted of a felony.

Is owned or operated by the following individual(s) who has/have been convicted of a felony Distribution Channel
Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ Processing Contact Information
Contact Person __________________________________________________________ Title __________________________________________________________ Company __________________________________________________________ Address __________________________________________________________ City/State/Zip __________________________________________________________ Phone __________________________________________________________ Email __________________________________________________________ Pricing Information
In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions.

Yes No
Sunnyvale
California
X
X
Jerilyn Bailey
Public Sector Contracts Manager
Fortinet, Inc.
899 Kifer Road
Sunnyvale, CA 94086
(850) 728-6504
[email protected]
X
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Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

X Yes No
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TAB 4 VENDOR PROFILE
Please provide the following information about your company:
• Company’s official registered name.

Our company’s official registered name is Fortinet, Inc. • Brief history of your company, including the year it was established.

Fortinet, headquartered in Sunnyvale, California, is a profitable and rapidly growing US company whose core competencies are cyber threat research; cybersecurity product research and development; and the design, implementation and support of integrated cybersecurity solutions based on our extensive portfolio of proprietary products.

Fortinet was founded in 2000 by Ken Xie and is led by a strong management team with deep experience in networking and security. Fortinet is the only security leader to develop and build custom security processing unit (SPU) technology that offers the best performance and value in the industry with Security Compute Ratings that are much higher than other vendors that offer software-oriented or CPU-driven approaches. Each day the Fortinet FortiGuard Labs use one of the most effective and proven artificial intelligence (AI) and machine learning systems in the industry to process and analyze more than 100 billion events daily, and send actionable real-time threat intelligence to customers.

The Fortinet Security Fabric (Attachment 1) is at the heart of the Fortinet security strategy that delivers security without compromise to address the most critical security challenges, whether in networked, application, cloud, or mobile environments. It is a platform organically built around a common operating system and management framework to enable broad visibility, seamless integration and interoperability between critical security elements, and granular control and automation.

Fortinet has its products tested by the industry’s most prominent and impartial third party performance and effectiveness testing organizations and our products have achieved consistent positive test results! Fortinet is commitment to cybersecurity innovation and excellence and Fortinet has been recognized as a LEADER three years in a row on four Gartner® Magic Quadrant™ reports.

The Fortinet market position and solution effectiveness have been widely validated by industry analysts, independent testing labs, business organizations, and media outlets worldwide. Fortinet is proud to count the majority of Fortune 500 companies among its satisfied customers. See Fortinet’s Corporate Brochure (Attachment 2) for additional information.

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• Company’s Dun & Bradstreet (D&B) number.

Our D&B Number is 040806445.
• Company’s organizational chart of those individuals that would be involved in the contract.
• Corporate office location.
o List the number of sales and services offices for states being bid in solicitation.

If awarded a contract in response to this RFP, Fortinet’s entire line of products and services will be available to NCPA customers in all 50 states, the District of Columbia, and in US territories.

Fortinet sells its products and services through its established distribution channel that includes US-based distributors and resellers across the country. Fortinet provides pre-sales guidance and account management to our customers, distributors, and resellers through strategically placed district sales teams.

SALES OFFICES COVERAGE
North Central District ND, SD, NE, MN, IA, WI, IL
Ohio Valley District MI, IN, OH, KY
New England District Upstate NY, VT, NH, ME, MA, CT, RI Northeast District PA, NJ, NYC, DE
Mid-Atlantic District WV, VA, TN, NC, SC
Florida/ Georgia District FL, GA
South Central District KS, MO, OK, AR, LA, MS, AL
Texas District TX
California District CA
West District WA, OR, MT, ID, WY, NV, UT, CO, AZ, NM
Great Lakes District WI, IL
Fortinet supports its products and services through the following Regional Technical Assistance Centers and Supply Depots:

OFFICES LOCATIONS
Regional Technical Assistance
Centers*
Plano, Texas
Ottawa, Ontario ON Canada
Burnaby, BC Canada
Supply Depots Fortinet maintains 35 hardware storage facilities worldwide and 200 regional equipment depots.

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* Fortinet uses a follow-the-sun model for technical assistance. Support will therefore be provided to NCPA customers from these North American centers during regular business hours and will roll over to TACs in other regions after hours (except in the case of contracts/purchase orders that require support from US TACs only). o List the names of key contacts at each with title, address, phone and e-mail address.

Responsibility Name and Contact Information
RFP Response
Jerilyn Bailey
Public Sector Contracts Manager
[email protected]
Contract Management and Reporting
Amy Lee
Public Sector Contracts Manager
[email protected]
Contract Administration Fortinet SLED Contracts Team
[email protected]
• Define your standard terms of payment.

If awarded a contract in response to this RFP, customers will make payments directly to the Fortinet-approved distributor or reseller with whom the order was placed. Payment terms are net thirty (30) days from the date of the invoice. Late fees may be charged on all amounts not paid when due at the rate of one and one half percent (1.5%) per month or the highest rate permitted by law, whichever is lower.
• Who is your competition in the marketplace?
The table below provides information on our competitors per segment within the market:

Market Segment Competitors
Enterprise Firewalls
Definition: Purpose -built appliances for securing enterprise networks. Able to support singleenterprise firewall deployments and large and/or complex deployments. The ability to provide virtual versions for the data center is now an expectation as is the ability to deploy in cloud environments.
• Palo Alto
• Check Point
Unified Threat Management Devices
Definition: Multifunctional network security products designed for small to medium-size organizations (100 to 1,000 employees). Typical capabilities provided include enterprise firewall, intrusion prevention, remote access, secure web/email gateway, routing and wan connectivity.
• Check Point
• Sophos
Next-Generation Firewall
Definition. Deep-packet inspection firewalls that move beyond port/protocol inspection and blocking to add application-level inspection, intrusion prevention, and to bring in intelligence from outside the firewall.
• Barracuda
• Checkpoint
• Cisco
• Forcepoint
• Palo Alto
• Sophos
• SonicWall
• WatchGuard
Data Center Security Gateway (DCSG)
Definition. DCSGs protects data center servers and the applications that run on them (i.e., web servers, mail servers, DNS servers, application servers, etc.) from potential threats. They converge data center firewall and data center intrusion prevention system technologies and perform access control and deep packet inspection to protect server applications from remote attacks.
• Juniper
• Palo Alto
• Cisco
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Data Center Intrusion Protection Systems (DCIPS)
Definition. Data center network security devices are deployed to protect servers and applications hosted in the data center. Data center intrusion prevention systems (DCIPS) are deployed at critical points in the network. Their role is to identify and block sophisticated threats against web servers, application servers, and database servers without false positives or degradation of network performance.
• Juniper
• McAfee
• Trend Micro
Breach Detection (or Advanced Threat Protection)
Definition. These products provide enhanced detection of advanced malware, zero-day attacks, and targeted attacks that could bypass defenses such as next generation firewalls, intrusion prevention systems, intrusion detection systems, antivirus/endpoint protection (including host IPS), and secure web gateways.
• Trend Micro
• Lastline
• Check Point
Web Application Firewalls
Definition: Physical or virtual appliance to protect public and internal web applications, whether deployed on premise or remotely hosted. Should protect against a variety of attacks including injection attacks and application-layer denial of service (DoS). • F5
• Imperva
• Akamai
Wired and Wireless LAN Access Infrastructure
Definition: This market segment consists of vendors supplying wired and wireless networking hardware and software that enables devices to connect to the enterprise wired LAN or Wi-Fi network.
• Riverbed
• Dell EMC
• Juniper
• New H3C
Advanced Endpoint Protection (AEP)
Definition: AEP products protect endpoints from a multitude of attack threat vectors targeting a very dynamic enterprise class endpoint attack surface. They should also be resistant to evasion techniques and provide low false positive results. • Sentinel One
• McAfee
• Symantec
• Cylance
• Trend Micro
• ESET
• Provide Annual Sales for last 3 years broken out into the following categories:
o Cities / Counties
o K-12
o Higher Education
o Other government agencies or nonprofit organizations
• Provide the revenue that your organization anticipates each year for the first three (3) years of this agreement.

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• What differentiates your company from competitors?
Fortinet offers the most cost effective networking and cyber security solutions in the market providing the best total cost per protected megabit of traffic as tested by independent sources such as NSS labs. Recognized as a leader by technology research firm Garter, Fortinet lowers total cost of ownership by integrating cyber security into all of our products and simplifying administration through near single-pane of glass management. With the added benefit of our integrated FortiGuard Services, Fortinet provides near real-time effectiveness to cyber threats by ensuring that all threats known and unknown can be identified and mitigated as close to the source and as quickly as possible. In summary, Fortinet products protect your entire digital attack surface more effectively, at lower total cost and can be managed more efficiently than any other product on the market today.
• Describe how your company will market this contract if awarded.

Fortinet provides marketing on its products and services throughout the sales lifecycle. Fortinet’s marketing strategy is geared towards nurturing our relationships with our customers to grow business, lock in brand loyalty, and foster customer advocacy for our solutions.

Fortinet has created marketing materials specifically geared toward public sector customers and intends to market the NCPA contract in a multitude of ways to reach our intended audience. Each of these avenues will promote awareness of the NCPA contract and highlight our products and services.

Fortinet understands the importance of marketing NCPA contracts to public sector customers and during the life of the contract Fortinet’s marketing plan will include the following:

Website advertisement and social media awareness campaigns.

General media exposure in various digital and print publications.

Sales team trainings to inform them of the contract and teach them how to promote the contract to our customers.

Customer outreach activities from our sales team, within their respective areas of operation or vertical focus, to get our current customers acquainted with the NCPA contract.

Conference calls and webinars to inform and educate potential new customers on the value proposition of the NCPA contract.

Participation in advisory councils, sponsored regional events, and attendance at annual public sector tradeshows to promote NCPA contract awareness.

Fortinet will also provide support on marketing efforts executed by our authorized resellers.

While each reseller will operate their own marketing program, Fortinet will assist its authorized resellers by providing in depth information on its products and will also outline the value proposition of the NCPA contract.
• Describe how you intend to introduce NCPA to your company.

Fortinet understands that effective communication to our sales team regarding the awarded NCPA contract is crucial to our success as a NCPA contract holder. Our SLED Contracts Team will take the lead on introducing the NCPA contract to Fortinet Sales Account Managers responsible for sales to the SLED market. This team will also introduce the contract to Channel Managers responsible for recruiting and supporting resellers who serve this market.

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Upon contract award, our SLED Contracts Team will utilize the following methods to introduce NCPA to our company:
• Group Conference Calls
• Training Webinars
• Training Materials
• Ongoing Contract Use Monitoring
• Ongoing Contract Promotion
• Describe your firm’s capabilities and functionality of your on-line catalog / ordering website.

Since Fortinet uses a channel model for sales, we do not have, nor do we intend to implement, an ordering website for the NCPA contract. What we do provide is our website (www.fortinet.com) that SLED customers can use to find detailed information on our products and services and to access technical support. In addition, we have a contracts site (www.fortinet.com/resources/sledcontracts-grants) within our website that will have a dedicated page for the NCPA contract that will provide information on how to use our NCPA contract and assists customers to connect with qualified and capable authorized resellers who serve their geographic market. • Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)
To provide effective support to a customer base that spans the globe, Fortinet has made it a priority to build a best-in class global infrastructure for technical assistance and warranty/maintenance support. This infrastructure features three global Centers of Expertise (COE) supplemented by regional Technical Assistance Centers (TACs). It also includes 35 hardware storage facilities worldwide and 200 regional depots.

This infrastructure provides the foundation for FortiCare Services (Attachment 3), the program through which we will provide support for products covered by warranty and, thereafter, maintenance support for products covered by a FortiCare maintenance plan. • Green Initiatives (if applicable)
o As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative.

Fortinet is focused on reducing the environmental footprint of our customers by innovating highly efficient, integrated appliances and cloud-based security solutions.

Product Design & Life Cycle Management: When it comes to our products, environmental sustainability is a top priority at the design stage and throughout the entire product lifecycle. This includes product energy use and efficiency, the safety of material inputs required for proper product operations (e.g., chemicals, water), ease of reuse and recycling, and proper disposal at the end of life.

All of our products comply with all globally recognized product environmental compliance directives and regulations. We are also working to eliminate PVC from Product Packaging.

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Regarding compliance with the WEEE directive, Fortinet requires its distributors and resellers worldwide to perform an environmentally friendly, WEEE-compliant collection of discarded products at no charge to the user.

Energy Management: Years of dedicated innovation and the development of the industry's only security-focused processors have allowed Fortinet to integrate multiple security and networking functions into a single, energy-efficient platform. This has resulted in appliances that use less power, space, and cooling. In addition, Fortinet's family of proprietary secure processor units (SPUs) are built for power and efficiency.

As a result, Fortinet produces the most energy-efficient appliances in the industry, helping our customers and partners reduce their environmental footprint. These advanced security solutions consume as much as 3X fewer resources than traditional appliances, helping lower the ecological impact of data centers, which consume around 2% of all energy worldwide.

Climate Change and Environmental Management: Fortinet takes its responsibility to the environment seriously. We have pledged to reduce our impact on climate change and have taken steps to mitigate our environmental footprint.

From an operations standpoint, we are committed to driving an environmentally low impact business, including energy, air pollution, waste, and water, across our globally distributed offices, facilities, and data centers. This includes monitoring and managing our impact on the climate from owned operations and supply chains related to greenhouse gas emissions, energy efficiency, and renewable energy procurement; the ability to recover from and manage risks, such as the impact of more extreme weather events and natural disasters; and transition risks, such as the increasing cost of energy and customer expectations related to energy and emissions.

Fortinet invests in renewable electricity and sustainable projects. All of Fortinet’s owned facilities around the world run on 100% renewable electricity. Furthermore, Fortinet's recent headquarters expansion is a state-of-the-art 172,000-square-foot and LEED-Gold certified. This all electric, net-zero facility has implemented multiple energy efficiency measures including solar panels and radiant cooling, which uses 30% less energy than a standard building and conserves 76,800 gallons of water annually. Fortinet also incentivizes employees at its headquarters to reduce their environmental footprint by providing onsite solar-powered EV Charging Stations, preferred parking spaces for sustainable energy vehicles, and installed bike racks.

Fortinet works with supply chain and logistics service providers committed to ensuring the application and enforcement of environmental policies aimed at reducing air emissions and pollutions by promoting the use of clean fuels, transportation network optimization, and investing in fuel-saving technologies. We have local RMA depots in over 20 countries and central regional depots in North America, Europe, and Asia. These help us reduce transportation-related emissions by minimizing shipping distances and consolidating shipments, collecting defective products at centralized locations, performing local repairs, and recycling defective units in compliance with local regulations.
• Anti-Discrimination Policy (if applicable)
o Describe your organizations’ anti-discrimination policy.

At Fortinet we believe everyone should be treated equally regardless of race, sex, gender identification, sexual orientation, national origin, native language, religion, age, disability, marital status, citizenship, genetic information, pregnancy, or any other characteristic protected by law.

In support of this Fortinet strives to provide a work environment where everyone can work City Council 14 – 29 8/20/2024
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together comfortably and productively. Each individual has the right to work in a professional atmosphere that promotes equal opportunity and prohibits discriminatory practices, including sexual and other forms of prohibited harassment. Fortinet’s anti-discrimination and antiharassment policy prohibits all forms of harassment based on an individual’s race, color, religion, sex (including pregnancy, childbirth, breastfeeding, and related medical condition), age, national origin, disability, sexual orientation, gender (including gender identity and expression), marital status (including registered domestic partnership status), civil union status, familial status, ancestry, physical or mental disability, medical condition, genetic information or traits, caregiver status, citizenship status, Civil Air Patrol status, military or veteran status, status as a victim of domestic violence, assault, or stalking, or any other characteristic protected by applicable federal, state, or local laws. This policies applies to all employees of Fortinet, including supervisors and managers, as well as to customers, partners, vendors, and any other third parties we do business with.
• Vendor Certifications (if applicable)
o Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service.

Fortinet is committed to innovation and excellence and we are our proud to meet and exceed a wide range of national, regional, and international requirements, and our solutions and services have earned the respect of independent third-party testing labs around the world. Fortinet’s submitted Product Certifications Brochure (Attachment 4) outlines the certifications our products have received and contains access to our Certifications Resource Center that serves as the repository for product compliance reports, certifications, and independent validation results.

In addition to the product certifications outlined in our Product Certifications Brochure, we wish to make you aware of the following certifications:
• ISO 9001:2015, Quality Management System: the scope of this certificate covers the design, development, and manufacture of Network Security Products and the Delivery of Associated Security Services and Support.
• Our price list includes selected products that are certified for compliance under the US National Information Assurance Program Common Criteria Evaluation and Validation Scheme (CCEVS).
• Our price list includes selected products certified by the National Institute of Standards and Technology for compliance with FIPS 140-2, Security Requirements for Cryptographic Modules.

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TAB 5 PRODUCTS AND SERVICES
Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs.

Fortinet’s goal, if awarded a contract, is to establish a productive and mutually beneficial partnership with the Texas Region 14 ESC and NCPA. To accomplish this, Fortinet is proud to offer our entire line of products and services in response to this RFP and Fortinet agrees to work closely with customers utilizing the awarded contract to assist them in determining their individual needs for IT Security Products and Data Protection Solutions.

Warranty
Proposal should address the following warranty information:
• Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period.
• Availability of replacement parts
• Life expectancy of equipment under normal use
• Detailed information as to proposed return policy on all equipment Fortinet’s submitted EULA and Warranty Terms (Attachment 5) complies with this requirement.

Products
• Vendor shall provide equipment, materials and products that are new unless otherwise specified, of good quality and free of defects
As the manufacturer Fortinet understands that good quality is critical to satisfying customers and retaining their loyalty. In our endeavor to continuously achieve this objective, Fortinet has actively participated in third-party audits and testing since we first opened our doors. Through these thirdparty audits and testing we validate our design and development processes which help us guarantee that our products and solutions meet and exceed a wide range of regional, national, and international standard quality requirements.

Construction
• Vendor shall perform services in a good and workmanlike manner and in accordance with industry standards for the service provided.

Fortinet is committed to ensuring that all of our products and services consistently exceed industry benchmarks and remain compliant with public sector regulatory frameworks and standards.

The following is a list of suggested (but not limited to) IT Security Products and Data Protection Solutions categories. List all categories along with manufacturer that you are responding with:
• Security Threat Intelligence Products and Services
• Security Information and Event Management (SIEM)
• Managed Security Services
• Security awareness training
• Security Consulting Services
• Content Filtering
• Anti-Virus / Anti-Spam
• Network Forensics / Real – Time Monitoring
• Network Access Control
• Firewalls
• Network Storage / Archiving
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• Wireless Networks
• Bandwidth Management
• Networking Hardware
• Application Security
• Cloud Security
• Email Security and Archiving
• Data Protection
o Backup
o Cloud Backup
o Risk Assessments
o Encryption and Pseudonymization
o Data Destruction
• Data Loss Prevention (DLP)
• Consulting Services
We have edited the list above to show which suggested capabilities Fortinet’s products and services address. Described at a high level, our products and services include:
• Physical and virtual cybersecurity appliances (hardware appliances and perpetual software licenses) that provide functional capabilities in these areas:
o Network Security
o Cloud Security
o Web Application Security
o Email Security
o Advanced Threat Protection
o Secure Unified Access
o Endpoint Security
o Management and Analytics
• FortiGuard Security Subscriptions (term software licenses) for:
o Application control
o Intrusion prevention
o Antivirus
o Sandboxing
o IP reputation and anti-botnet
o Web filtering
o Web application security
o Credential stuffing defense
o Database security
o Virus outbreak protection
o Content disarm and reconstruction
o Security rating
• Hardware and software maintenance plans (as described in Section 4.12) o 8 x 5 support
o 24 x 7 support
o 360o support (24 x 7 support with proactive monitoring and health checks) o Premium support services
• Professional Services
o Remote engineering support
o Onsite engineering support
• Training
o Onsite courses
o Self-paced courses
o Instructor-led virtual courses
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TAB 6 REFERENCES
Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities.

All references should include the following information from the entity:
• Entity Name
• Contact Name and Title
• City and State
• Phone
• Email
• Years Serviced
• Description of Services
• Annual Volume
NCPA also accepts Procurated review scores to evaluate relationships with their customers. Vendors without a current Procurated score will be rated based solely on the references provided, and will not be penalized for lack of Procurated scoring. To find out your company’s Procurated score please go to https://www.procurated.com.

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TAB 7 PRICING
Please submit price list electronically via our online Bonfire portal (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item.

Price lists must contain the following:
• Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers).
• Description
• Vendor’s List Price
• Percent Discount to NCPA participating entities
Fortinet’s submitted price list complies with this requirement.

Not To Exceed Pricing
• NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity.
• The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation.
• NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members.

Fortinet will ensure that all resellers authorized to sell through an awarded NCPA contract understand that the prices on our price list are "not to exceed prices”; however, since size and scope are only two of multiple factors that can impact the price of a customer’s unique security solution, we cannot honor the request to honor lower pricing for similar size and scope purchases.

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TAB 8 VALUE ADDED PRODUCTS AND SERVICES
Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

If awarded a NCPA contract in response to this RFP, as value adds to our submitted offer of our entire line of products and services, Fortinet is proud to offer the following two FREE additional programs:

1. FORTINET’S FREE GRANT SUPPORT PROGRAM
Public sector organizations face unique challenges in defending against the constant changing cyber threats landscape and most public sector agencies lack adequate funding to purchase the protection resources they need. Federal and state grants can provide valuable funding to the public sector that initiates or expands purchases they otherwise would not be able to.

Through Fortinet’s free Grant Support Program, Fortinet helps empower public sector customers to find and access grant funding to make their mission critical projects happen! Our FREE Grant Support Program helps public sector agencies by:
a. Providing comprehensive grants information for entities that are understaffed or lack experience with grant applications and don’t know where to start.

Finding and applying for grants can be a daunting and complicated task, but doing so is imperative right now for the public sector since currently there are billions of dollars in funding available for cybersecurity projects and solutions. Our Grant Support Program was created to assist entities successfully find and apply for grants.

Our Grants Support Program consultants provide extensive grant resources and services, such as: in-depth grant research, grant funding availability reports, and grant application development assistance. We of course cannot guarantee funding, but we will do everything we can to assist an entity in submitting a successful grant application. b. Identifying all available grant funding for technology-rich projects.

With a few specifics about an entity’s needs, our Grants Support Program consultants will develop customized reports on funding opportunities that are the best fit for the project.

The reports will identify the most relevant funders based on the project type, the organization type (or types, in the case of a consortium project), and the geographic location where the project will be deployed. Then our consultants will review their findings with the entity on a conference call scheduled at the entity’s convenience.

We will also continually monitor granting sources and will provide notifications to the entity when grants or funding opportunities are released that best serve their project. c. Providing customized consultation services that help develop project ideas and even expand cybersecurity modernization initiatives.

Grants tend to be awarded to projects that address a clearly identified need, either for a specific population or a defined geographic community. In addition, fundable projects City Council 14 – 35 8/20/2024
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should have measurable objectives and a compelling reason for including the security technology needed to achieve those objectives.

Our Grants Support Program consultants will help entities clarify and articulate their specific technology needs, assist in the development of measurable objectives, and provide input on other elements that might further strengthen the entities project proposal, application or other information required by the grant.

Grants Support Program Frequently Asked Questions:
• What’s the benefit of utilizing Fortinet’s Grants Support Program? Our Grants Support Program is designed to help public sector entities overcome financial barriers that prevent our customers from purchasing Fortinet’s cybersecurity solutions. We provide free support by assigning a grant expert who works with the entity throughout the entire grants process.
• What entities are eligible to receive grant funds?
The public sector entities listed below are generally eligible to apply for federal or state grant funding opportunities as long as the project identified on the entity’s submitted grant application meets the grant requirements.

Government Organizations
o State governments
o County governments
o City or township governments
o Special district governments
o Native American tribal governments
Education Organizations
o Independent school districts
o Public and state controlled institutions of higher education o Private institutions of higher education
Public Housing Organizations
o Public housing authorities
o Native American housing authorities
• What are the top grant funding streams for cybersecurity? Thousands of grant opportunities are made available each year in the US, providing billions of dollars in funding. Of course, not all of these opportunities are technology-friendly; however the following grant opportunities have been identified as the top funding streams for cybersecurity:
o Infrastructure Investment and Jobs Act, including State and Local Cybersecurity Grant Program ($550B)
o Stimulus funding from the American Rescue Plan ($1.9T) o Tying into energy and climate funding available through Inflation Reduction Act ($369B) o Tying into annual funding available from 26 federal grant-making agencies ($700B) • Where do I get more information on Fortinet’s Grants Support Program? For more information on this program, please email us at: [email protected].

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2. FORTINET’S FREE SECURITY AWARENESS AND TRAINING PROGRAM The US education sector is in the midst of a cyber crisis. The shift to cloud-based virtual learning during COVID-19 created the perfect storm for threat actors to capitalize on.

Education IT departments, already weathering a shortage of physical resources, funding, and staffing, unexpectedly faced an even greater challenge. Without the human resources and advanced solutions to secure vulnerabilities in their networks, K-12 school districts and highered institutions became easy targets.

In July 2022, Fortinet participated in the White House National Cyber Workforce and Education Summit where Fortinet participated in important discussions around solutions to help address this significant challenge facing the cybersecurity industry in the United States. As a result of these discussions, Fortinet announced its commitment to expand its existing Information Security Awareness and Training program to make it available to all K-12 school districts and systems across the United States for FREE! Schools that take advantage of this free offering will be training their staff and faculty with skillsets and knowledge that could prevent them from falling victim to popular threat methods, such as social engineering attempts, reducing the likelihood of a security breach. Fortinet’s Security Awareness and Training program was developed by Fortinet's award-winning Training Institute. With content incorporating threat intelligence insights from FortiGuard Labs, this training arms faculty and staff with the latest knowledge, guidance, and tips to make smarter choices when confronted by cyberattacks and other security risks.

Security Awareness and Training Frequently Asked Questions:
• What key benefits will K-12 school districts and systems gain from participating in this training?
By participating in our Security Awareness and Training K-12 school districts and systems will:
o Have trained faculty and staff that will prevent or recognize and report potential security threats whether in an email, online, or in a physical setting. o Satisfy city, county, state, and national requirements for security and awareness training across major frameworks (this training aligns to the National Institute of Standards and Technology framework -NIST 800-50 and NIST 800-16).
o Prevent the impact of breaches caused by faculty and staff errors and/or poor judgement. o Ensure faculty and staff are properly trained on data privacy and security, and are motivated to protect personally identifiable information and other sensitive data. • How comprehensive is this free training program?
We are offering the premium version of our Information Security Awareness and Training program free of charge to K-12 school districts and systems. This premium training consists of 23 Base Modules, 10 Re-engagement Modules and 18 Reinforcement Modules and is delivered in multiple formats, including video, text, audio, imagery, and animation, which appeals to different learning styles to ensure that the training is understood and applied. • Where do I get more information on this training?
For more information on this program visiting our website at http://fortinet.com/K12trainingUS, or to register for this training, please email us at [email protected].

City Council 14 – 37 8/20/2024
Response to RFP# 40-22
TAB 9 REQUIRED DOCUMENTS
• Federal Funds Certifications
• Clean Air and Water Act & Debarment Notice
• Contractors Requirements
• Required Clauses for Federal Assistance by FTA
• Federal Required Signatures
• Antitrust Certification Statements Texas Government Code § 2155.005 • State Notice Addendum
City Council 14 – 38 8/20/2024

FEDERAL FUNDS CERTIFICATIONS
Participating Agencies may elect to use federal funds to purchase under the Master Agreement.

The following certifications and provisions may be required and apply when a Participating Agency expends federal funds for any purchase resulting from this procurement process.

Pursuant to 2 C.F.R. § 200.326, all contracts, including small purchases, awarded by the Participating Agency and the Participating Agency’s subcontractors shall contain the procurement provisions of Appendix II to Part 200, as applicable.

APPENDIX II TO 2 CFR PART 200
(A) Contracts for more than the simplified acquisition threshold currently set at $250,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. • Pursuant to Federal Rule (A) above, when a Participating Agency expends federal funds, the Participating Agency and Offeror reserves all rights and privileges under the applicable laws and regulations with respect to this procurement in the event of breach of contract by either party.
(B) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000)
• Pursuant to Federal Rule (B) above, when a Participating Agency expends federal funds, the Participating Agency reserves the right to terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Offeror as detailed in the terms of the contract (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-

1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 CFR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
• Pursuant to Federal Rule (C) above, when a Participating Agency expends federal funds on any federally assisted construction contract, the equal opportunity clause is incorporated by reference herein.
(D) Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay City Council 14 – 39 8/20/2024
wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. • Pursuant to Federal Rule (D) above, when a Participating Agency expends federal funds during the term of an award for all contracts and subgrants for construction or repair, offeror will be in compliance with all applicable Davis-Bacon Act provisions • Any Participating Agency will include any current and applicable prevailing wage determination in each issued solicitation and provide Offeror with any required documentation and/or forms that must be completed by Offeror to remain in compliance the applicable Davis-Bacon Act provisions.
(E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. • Pursuant to Federal Rule (E) above, when a Participating Agency expends federal funds, offeror certifies that offeror will be in compliance with all applicable provisions of the Contract Work Hours and Safety Standards Act during the term of an award for all contracts by Participating Agency resulting from this procurement process. (F) Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

City Council 14 – 40 8/20/2024
• Pursuant to Federal Rule (F) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (F) above (G) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended— Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non- Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251- 1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
• Pursuant to Federal Rule (G) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency member resulting from this procurement process, the offeror agrees to comply with all applicable requirements as referenced in Federal Rule (G) above
(H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. • Pursuant to Federal Rule (H) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term of an award for all contracts by Participating Agency resulting from this procurement process, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. If at any time during the term of an award the offeror or its principals becomes debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency, the offeror will notify the Participating Agency
(I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
• Pursuant to Federal Rule (I) above, when federal funds are expended by Participating Agency, the offeror certifies that during the term and after the awarded term of an award for all contracts by Participating Agency resulting from this procurement process, the City Council 14 – 41 8/20/2024
offeror certifies that it is in compliance with all applicable provisions of the Byrd AntiLobbying Amendment (31 U.S.C. 1352). The undersigned further certifies that:
o No Federal appropriated funds have been paid or will be paid for on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
o If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with its instructions.
o The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and all subrecipients shall certify and disclose accordingly.

RECORD RETENTION REQUIREMENTS FOR CONTRACTS

INVOLVING FEDERAL FUNDS
When federal funds are expended by Participating Agency for any contract resulting from this procurement process, offeror certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.334. The offeror further certifies that offeror will retain all records as required by 2 CFR § 200.334 for a period of three years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY

AND CONSERVATION ACT
When Participating Agency expends federal funds for any contract resulting from this procurement process, offeror certifies that it will comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.; 49 C.F.R. Part 18).

CERTIFICATION OF COMPLIANCE WITH BUY AMERICA PROVISIONS To the extent purchases are made with Federal Highway Administration, Federal Railroad Administration, or Federal Transit Administration funds, offeror certifies that its products comply with all applicable provisions of the Buy America Act and agrees to provide such certification or applicable waiver with respect to specific products to any Participating Agency upon request.

Participating Agencies will clearly identify whether Buy America Provisions apply in any issued solicitation. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

City Council 14 – 42 8/20/2024

CERTIFICATION OF ACCESS TO RECORDS
Offeror agrees that the Inspector General of the Agency or any of their duly authorized representatives shall have access to any non-financial documents, papers, or other records of offeror that are pertinent to offeror’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to offeror’s personnel for the purpose of interview and discussion relating to such documents. This right of access will last only as long as the records are retained.

CERTIFICATION OF APPLICABILITY TO SUBCONTRACTORS
Offeror agrees that all contracts it awards pursuant to the Contract shall be bound by the foregoing terms and conditions.

City Council 14 – 43 8/20/2024

CLEAN AIR AND WATER ACT AND DEBARMENT NOTICE
By the signature below (Under Federal Required Signatures), I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.

City Council 14 – 44 8/20/2024

CONTRACTOR REQUIRMENTS
Contractor Certification
Contractor’s Employment Eligibility
By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed.

Fingerprint & Background Checks
If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed.

Business Operations in Sudan, Iran
In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.

City Council 14 – 45 8/20/2024

REQUIRED CLAUSES FOR FEDERAL ASSISTANCE

PROVIDED BY FTA

ACCESS TO RECORDS AND REPORTS
Contractor agrees to:
a) Maintain all non-financial books, records, accounts and reports required under this Contract for a period of not less than two (2) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until the FTA Administrator, the U.S. DOT Office of the Inspector General, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.
b) Permit any of the foregoing parties to inspect all non-financial work, materials, and other data and records that pertain to the Project, and to audit the non-financial books, records, and accounts that pertain to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. The right of access detailed in this section continues only as long as the records are retained.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts.

CIVIL RIGHTS / TITLE VI REQUIREMENTS
1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other applicable implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:
a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may affect construction activities undertaken in the course of this Project. Contractor agrees City Council 14 – 46 8/20/2024
to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue that are flowed to Contractor from Awarding Participating Agency.
c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities.

Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.
3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.

City Council 14 – 47 8/20/2024
4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION
This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract.

Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

City Council 14 – 48 8/20/2024

ENERGY CONSERVATION REQUIREMENTS
Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, listed directly or by reference in the Contract between Public Agency and the FTA, and those applicable regulatory and procedural updates that are communicated to Contractor by Public Agency, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S.

Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT and applicable to the scope of a particular Contract awarded to Contractor by a Public Agency as a result of solicitation, as set forth in the most current FTA Circular 4220.1F, published February 8th, 2016, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to knowingly perform any act, knowingly fail to perform any act, or refuse to comply with any reasonable public agency requests that would directly cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES
Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms, to the best of its knowledge, the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me City Council 14 – 49 8/20/2024
made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

City Council 14 – 50 8/20/2024

FEDERAL REQUIRED SIGNATURES
Offeror certifies compliance with all provisions, laws, acts, regulations, etc. as specifically noted in the pages above. It is further acknowledged that offeror agrees to comply with all federal, state, and local laws, rules, regulations and ordinances as applicable.

Offeror __________________________________________________________ Address __________________________________________________________ City/State/Zip __________________________________________________________ Authorized Signature __________________________________________________________ Date __________________________________________________________ Fortinet, Inc.
899 Kifer Road
Sunnyvale, CA 94086
11/15/2022
City Council 14 – 51 8/20/2024

ANTITRUST CERTIFICATION STATEMENTS
TEXAS GOVERNMENT CODE § 2155.005
I affirm under penalty of perjury of the laws of the State of Texas that:
(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and
(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company Name __________________________________________________________ Address __________________________________________________________ City/State/Zip __________________________________________________________ Telephone Number __________________________________________________________ Fax Number __________________________________________________________ Email Address __________________________________________________________ Printed Name __________________________________________________________ Title __________________________________________________________ Authorized Signature __________________________________________________________ Fortinet, Inc.
899 Kifer Road
Sunnyvale, CA 94086
(850) 728-6504
N/A
[email protected]
Jerilyn Bailey
Public Sector Contracts Manager
City Council 14 – 52 8/20/2024

STATE NOTICE ADDENDUM
The National Cooperative Purchasing Alliance (NCPA), on behalf of NCPA and its current and potential participants to include all county, city, special district, local government, school district, private K-12 school, higher education institution, state, tribal government, other government agency, healthcare organization, nonprofit organization and all other Public Agencies located nationally in all fifty states, issues this Request for Proposal (RFP) to result in a national contract.

For your reference, the links below include some, but not all, of the entities included in this proposal:
http://www.usa.gov/Agencies/State_and_Territories.shtml https://www.usa.gov/local-governments
City Council 14 – 53 8/20/2024
Response to RFP# 40-22

ATTACHMENTS

1. Fortinet Security Fabric

2. Fortinet Corporate Brochure (Q3 2022 – Convergence of Networking and Security)

3. Fortinet Support Services

4. Fortinet Product Certifications Brochure

INTERACTIVE INFOGRAPHICS
The industry’s highest-performing integrated cybersecurity mesh platform Fortinet Security Fabric
FortiFone
Robust IP Phones w/ HD Audio
with centralized management
FortiCamera
Centrally-managed HDTV-quality
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FortiOS
The Heart of the
Fortinet Security Fabric
Free Assessments
Validate existing network controls
for NGFW, Email, and SD-WAN
Free Training
Fortinet is committed to training
over 1 million people by 2025
Fortinet Brochure
Highlighting our broad, integrated,
and automated solutions, quarterly
FortiCare Elite**
25% of hardware*
FortiCare Essentials
15% of hardware, FG-80 & below
FortiCare Premium*
20% of hardware
* FortiCare Premium is formerly 24x7 Support.

Lower support price for Switches and APs
** Response time for High Priority tickets.

Available for FortiGate, FortiManager,
FortiAnalyzer, FortiSwitch, and FortiAP
FortiCare
Support Services
Incident Response Service
Digital forensic analysis, response,
containment, and guidance
SOC as a Service
Continuous awareness and control
of events, alerts, and threats
FortiTester
Network performance testing and
breach attack simulation (BAS)
FortiSOAR
Automated security operations,
analytics, and response
FortiSIEM
Integrated security, performance,
and availability monitoring
FortiAnalyzer
Correlation, reporting, and log
management in Security Fabric
FortiSandbox / FortiAI
Secure virtual runtime environment
to expose unknown threats
FortiEDR
Automated protection and
orchestrated incident response
FortiNDR
Accelerate mitigation of evolving
threats and threat investigation
FortiDeceptor
Discover active attackers inside
with decoy assets
Fabric Management
Center: SOC
Extended Ecosystem
Threat sharing w/ tech vendors
Fabric API Integrations
Partner-led
DevOps Tools & Scripts
Fortinet & community-driven
Fabric Connectors
Fortinet-developed
The industry’s most extensive
ecosystem of integrated solutions
Open
Ecosystem
FNDN
Exclusive developer community for
access to advanced tools & scripts
FortiExtender Cloud
Deploy, manage, and customize
LTE internet access
FortiAIOps
Network inspection to rapidly
analyze, enable, and correlate
FortiMonitor
Analysis tool to provide NOC and
SOC monitoring capabilities
FortiGate Cloud
SaaS w/ zero touch deployment,
configuration, and management
FortiManager
Centralized management of your
Fortinet security infrastructure
Fabric Management
Center: NOC
Threat Map
Powered by FortiGuard Labs
FortiGuard
Threat Intelligence
FortiConnect
Simplified guest access, BYOD,
and policy management
FortiClient Fabric Agent
IPSec and SSL VPN tunnel,
endpoint telemetry and more
FortiToken
One-time password application
with push notification
FortiAuthenticator
Identify users wherever they are
and enforce strong authentication
ZTNA Agent
Remote access, application
access, and risk reduction
FortiNAC
Enforce dynamic network access
control and network segmentation
Zero Trust
Access
FortiCASB
Prevent misconfigurations of SaaS
applications and meet compliance
FortiMail
Secure mail gateway to protect
against SPAM and virus attacks
FortiGSLB Cloud
Ensure business continuity during
unexpected network downtime
FortiADC
Application-aware intelligence for
distribution of application traffic
FortiWeb
Prevent web application attacks
against critical web assets
FortiDevSec
Continuous application security
testing in CI/CD pipelines
FortiCWP
Manage risk and compliance
through multi-cloud infrastructures
FortiDDoS
Machine-learning quickly inspects
traffic at layers 3, 4, and 7.

FortiGate VM
NGFW w/ SOC acceleration and
industry-leading secure SD-WAN
Cloud
Security
FortiIsolator
Maintain an “air-gap” between
browser and web content
FortiProxy
Enforce internet compliance
and granular application control
FortiSASE
Scalable, Simple, and Secure
Access for Remote Workforce
Linksys HomeWRK
Enterprise networking solution
for remote and hybrid workers
FortiSwitch
Deliver security, performance,
and manageable access to data
FortiAP
Protect LAN Edge deployments
with wireless connectivity
FortiExtender
Extend scalable and resilient
LTE and LAN connectivity
FortiGate SD-WAN
Application-centric, scalable, and
Secure SD-WAN with NGFW
FortiGate
NGFW w/ SOC acceleration and
industry-leading secure SD-WAN
Security-Driven
Networking
City Council 14 – 55 8/20/2024
Convergence of
Networking and Security
Digital Security, everywhere you need it.

Q3 / 2022
City Council 14 – 56 8/20/2024
Strong Growth in Annual Billings and Profitability
Source: Fortinet estimates based on recent
analyst research. 2026 opportunity shown.

Source: IDC Worldwide Security Appliance Tracker, February 2022 (based on unit shipments of Firewall, UTM, and VPN appliances) Technological Leadership
Nearly 3X more patents than comparable Network
Security companies
A Large and Growing Total Available Market
Total Addressable market
of $138B in 2022 growing
to $199B by 2026
Source: US Patent Office, As of June 30, 2022
The Most Deployed Network Security Solution
Over One-Third of All Firewall Shipments

BILLINGS GAAP OPERATING MARGIN
Q2 2022

REVENUE BY REGION
Q2 2022

BILLINGS BY SEGMENT
Highly Diversified Across Regions and Segments US Patents 925 U.S. Patents
354 International Patents
(247 Pending Patents)
1279
Global Patents

1.8B 2.2B 2.6B 3.1B
2017 2020

4.2B
2018 2019 2021

13.0%
2018

7.5%
2017

16.2%
2019

20.5%
2020

19.5%
2021
CAGR: 24%
■ EMEA ■ AMERICAS ■ APAC

40.2% 38.0%

21.8%
■ HIGH-END ■ MIDRANGE ■ ENTRY-LEVEL

25.4%

32.3%

42.3%
925
Palo Alto Networks 344
Zscaler 139
SonicWall 219
Check Point 95
Cloud
Security
$31.2B Security Ops
$42.6B
Zero Trust
Security
$29.3B
Network
Security
$27.1B
Networking &
Communications
$68.4B

0.0%

5.0%

10.0%

15.0%

20.0%

25.0%

30.0%

35.0%

40.0%
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Cisco
Check Point
Palo Alto Networks
Unit Share
FY 2021 Results
Revenue:
$3.34 B
Billings:
$4.18 B
Q2 2022 Results
Revenue:
$1.030 B
Billings:
$1.304 B
Op. Margin
(GAAP):

19.0%
EPS (GAAP):
$0.21/share
Cash +
Investments:
$1.943 B
Market Cap:
$44.6 B
(As of June 30, 2022)
Customers
595,000+
Cumulative Units
Shipped

8.8+ Million
Headcount By Region

AMERICAS
US 3,413
CANADA 2,162
REST OF AMERICAS 784
EMEA
FRANCE 468
UK 382
REST OF EMEA 1,939
APAC
INDIA 585
JAPAN 513
REST OF APAC 1,262
TOTAL 11,508
ALL INFORMATION AS OF JUNE 30, 2022
2 City Council 14 – 57 8/20/2024

BURNABY

BAY AREA FRISCO

CHICAGO

SUNRISE
OTTAWA
SOPHIA
Fortinet – Making possible a digital world you can always trust For over 20 years, Fortinet has been a driving force in the evolution of cybersecurity and the convergence of networking and security. Our network security solutions are the most deployed, most patented, and among the most validated in the industry.

Our broad, complementary portfolio of cybersecurity solutions are built from the ground up with integration and automation in mind, enabling more efficient, self-healing operations and a rapid response to known and unknown threats.

Investing In Global Scale
• With over 2M square feet
of real estate owned, we are
investing in long term
economic growth.
• Commitment to carbon
neutral by 2030.
• New state-of-the-art LEEDGold Certified 172,000 sqft HQ building.

Innovative for a
Safe Internet
Growing an Inclusive
Cybersecurity Workforce
Respecting the
Environment
Promoting Responsible
Business
Key Fortinet Advantages
Security Fabric
Organically developed, highly
integrated and automated
cybersecurity platform
Security Processors
Superior NGFW and
SD-WAN performance
and efficiency
The only company to
excel at all key stages
of network security
Corporate Social Responsibility
A digital world you can always trust is essential to achieving just and sustainable societies. At Fortinet, we believe it is our corporate social responsibility to deliver on that vision by innovating sustainable security technologies, diversifying cybersecurity talent, and promoting responsible business across our value chain.

Mission: to secure people, devices and data everywhere
Founded: October 2000
Headquarters: Sunnyvale, CA
Fortinet IPO (FTNT): November 2009
Investing
in the future
billings by $10B 2025
NASDAQ 100 and S&P 500:

Only cybersecurity company in both
Learn more at Fortinet.com/CSR
Value &
Performance
Integration
Prevention
100s+ Detection
# of companies
<50
<5
3 City Council 14 – 58 8/20/2024
The Convergence of Networking and Security
Traditional networking lacks awareness of content, applications, users, devices, location and more. Organizations have overlaid security solutions on to the network later to account for this shortcoming — but doing so has led to increased management complexity, performance bottlenecks, poor user experience, and the potential introduction of new exploitable gaps or vulnerabilities. A better Security-driven Networking approach converges networking and security into a single, accelerated solution. A specially designed operating system and security processors work in concert to greatly improve network performance and security posture, adding greater awareness while also improving user experience, easing management complexity, and decreasing footprint and power consumption.

Networking Security Security-Driven Networking
Consolidation of Vendors and Point Solutions to a Platform Cybersecurity has traditionally been deployed one solution at time, in response to each emerging problem or challenge.

However, individual security solutions — typically from a new vendor — are not designed to work well with the other deployed solutions. With meaningful levels of cross-vendor integration and automation proving difficult to achieve, management complexity is massively increased, and effective response to new threats is simply too slow. A more effective approach is to consolidate point product vendors into a cybersecurity platform, allowing for much tighter integration, increased automation, and a more rapid, coordinated, and effective response to threats across the network.

A B C 1 2 3
Appliances Lack
Awareness
VPN
WLAN Switch Routing
Proxy
Device
User Content Application
Location
ZTNA
Secure NGFW

WLAN/LAN
SD-WAN
Appliance VM SaaS
SWG
Software Delivers
Network Awareness
Cybersecurity Point Products
20 Vendors 4-6 Platforms
Cybersecurity Platform Approach
SOAR
SIEM
EASM
CASB
EMAIL
WAF
CWP
vFW
SWG
NGFW
LAN
NAC
ZTNA
EPP
EDR
XDR
IAM
DLP
SIEM
EASM
CASB
EMAIL
WAF
CWP
vFW
SWG
NGFW
LAN
NAC
ZTNA
EPP
EDR
XDR
IAM
SOAR
Cybersecurity Point Products Cybersecurity Platform Approach 4 City Council 14 – 59 8/20/2024
Secure
Networking
• Network
Firewall
• SD-WAN
• SD-Branch
• Web Proxy
• Wi-Fi
• Switching
• 5G/LTE
• Network
Access Control
• And More...

Cloud
Security
• Cloud-native
Protection
• DevSecOps
• Cloud Firewall
• SD-WAN for
Multi-cloud
• WAF
• Email Security
• ADC / GSLB
• Anti-DDOS
• CASB
Zero Trust
Access
• ZTNA Agent
• Authentication
• MFA/Token
• SASE
Network
Operations
• Network
Management
• Network
Orchestration
• Network
Monitoring
• Cloud
Management
• Digital
Experience
Monitoring
Security
Operations
• Endpoint (EDR/
XDR)
• Automation:

SIEM/ SOAR
• Managed SOC
& MDR
• DRPS, EASM
• Deception
Open
Ecosystem
• Fabric
Connectors
• Fabric API
• Fabric DevOps
• Extended
Ecosystem
• 490+ Open
Ecosystem
• Integrations
Broad Portfolio of Solutions to Protect Your Digital Attack Surface Cloud
Security
Open
Ecosystem
FortiGuard
Labs Threat
Intelligence
Secure
Networking
Zero Trust
Access
Network
Operations
Security
Operations
The Fortinet Security Fabric
The Fortinet Security Fabric is at the heart of
the Fortinet security strategy. It is a platform
organically built around a common operating
system and management framework to enable
broad visibility, seamless integration and
interoperability between critical security elements,
and granular control and automation.

Broad
visibility and protection of the entire digital
attack surface to better manage risk.

Integrated
solution that reduces management
complexity and shares threat intelligence.

Automated
self-healing networks with AI-driven security
for fast and efficient operations.

Learn more at Fortinet.com/SecurityFabric
5 City Council 14 – 60 8/20/2024
Trusted ML and AI
Stop unknown faster with
Powerful combination of
actionable local learning and
AI & ML models on large-scale
cloud-driven data lakes.

Threat hunting and
Outbreak Alerts
Faster remediation with
Alerts, analysis and detection,
prevention and remediation
tools including outbreaks.

Real-Time Threat
Intelligence
Proactive security posture
through continuous security
updates based on in-house
research and collaboration.

FortiGate
(HW/VM/SASE) Proxy FortiTrust XDR FortiWeb FortiMail FortiADC SOC Platforms FortiNDR
Content
Security
Antivirus ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓
IL SBX ✓ ✓ ✓ ✓
Credential Stuffing ✓ ✓ ✓ ✓
Web
Security
URL ✓ ✓ ✓ ✓ ✓ ✓ ✓
DNS ✓ ✓ ✓ ✓
IP-REP ✓ ✓ ✓
Device
Security
DVC PROT ✓
IPS ✓ ✓ ✓ ✓
BOT/C2 ✓ ✓ ✓ ✓ ✓
Application
Security

WAF SIG
ANN
AntiSpam
Soc
Security
MITRE ATT&CK ✓ ✓
Threat Hunting ✓ ✓
Auto IR ✓ ✓
Outbreak ✓ ✓ ✓
IoC ✓ ✓ ✓
FortiGuard Labs – Industry-leading Threat Intelligence
Founded in 2002, FortiGuard Labs is Fortinet’s elite cybersecurity threat intelligence and research organization.

Partnering with law enforcement agencies, government organizations, and security vendor alliances worldwide to fight emerging global security risks. FortiGuard labs maintain real-time threat intelligence and innovative prevention tactics and tools across the Fortinet Security Fabric in three key categories:

FortiGuard AI-Powered Security
Rich set of industry leading security capabilities unified into one security framework. Delivering coordinated, contextaware policy for hybrid deployments across networks, endpoints, and clouds. The services continually assess the risk and automatically adjust the prevention to counter known and unknown threats in real-time.

New in
FortiOS 7.2
NEW FortiSandbox
Inline Blocking
NEW IoT/ IT Device protection
NEW Dedicated IPS
NEW SOC as a Service
NEW Outbreak Detection
Enhanced Web Security
FortiGuard Security Integration Across the
Security Fabric
Global Leadership & Collaboration:

Market Leading Security
as a Service
ML-enabled security, deployed close
to the protected assets powered by
FortiGuard Labs
Coordinated Real-Time
Prevention
Continuously assess the risks and
automatically respond and counter
known and unknown threats
Consistent Context
Aware Policy
Centralized detection and prevention
delivered from the cloud built for
hybrid environments
More FortiGuard subscription services are available across our broad Security Fabric portfolio of solutions Learn more at Fortinet.com/fortiguard ✓
✓
✓
✓
6 City Council 14 – 61 8/20/2024
ZTNA
Unified Policy Configuration
in a Single GUI
FortiToken /
FortiToken Cloud
Fido-based passwordless
Authentication
SASE
Automated provisioning of
ZTNA agents & Apps from
FortiSASE
Identity
Zero Touch Provisioning
Campus and Large-Scale
SD-Branch
FortiGate SD-WAN
Automated Overlay
Orchestration and
Large Scale Zero Touch
Provisioning
FortiGate Firewall
FortiGate is the first
next-generation firewall
to support HTTP/3.0
SD-Branch
Automation, simplified
Deployment, and
Orchestration for Global
Scale management
LAN Edge
Zero Touch Provisioning
Campus and Large-Scale
SD-Branch
FortiOS – The Foundation of the Security
FortiOS is the foundation of the Fortinet Security Fabric, converging and consolidating many security and networking technologies and use cases into a simplified, single policy, and management framework.

What’s New In FortiOS 7.2
Learn more at Fortinet.com/fortiOS
Adopting new technologies is not a project with a start and a finish. Instead, it is a journey from design and implementation to optimization, operations, and ongoing management of the solution. Fortinet has you covered every step of the way, freeing up your resources to focus on your business needs.

FortiCare Services help thousands of organizations every year to get the most out of their Fortinet Security Fabric solutions. We have over 1,400 experts providing accelerated implementation, reliable assistance, and proactive care through advanced support and professional services to maximize your security and performance.

FortiCare – Expertise At Your Service
1400+

EXPERTS
24x7

TECHNICAL

SUPPORT
23 GLOBAL SUPPORT

CENTERS
Design
Business
Alignment
• High-level design
• Low-level design
• Product-agnostic
workshops
Deploy
Accelerated
Implementation
• Migration
• Configuration
• Implementation
• Validation
• Knowledge Transfer
Operate
Reliable
Assistance
• 24x7 Support
• Premium hardware
replacement
• Technical account
management
• Proactive Incident
avoidance
• Dedicated resources
Optimize
Performance
Excellence
• Health checks
• Software upgrade
recommendation
• Incident readiness
• Penetration testing
Evolve
Personalized
Care
• Product upgrade
assistance
• Transformation
readiness
• Migration &
replacement
• Software upgrade
Learn more at Fortinet.com/support
FortiTrust – Redefining the Future of Security Services FortiTrust provides user-based licensing across all networks, endpoints and clouds • Access: Add ZTNA to your FortiGate-based network.
• Identity: Cloud-based subscription across enterprise hybrid environments. 7 City Council 14 – 62 8/20/2024
New Product Spotlight: FortiGate 4800F series
Deliver ultra-high performance to secure Hyperscale data centers and 5G The SPU Advantage
Fortinet’s Security Processors (SPUs)
radically increase the speed, scale,
efficiency and value of Fortinet
solutions while greatly improving user
experience, reducing footprint and
power requirements. From entry-level
to high-end solutions, SPU-powered
Fortinet appliances deliver superior
Security Compute Ratings versus
industry alternatives.

High-end Appliances
Security Compute Ratings are benchmarks that compare the performance metrics of Fortinet SPU-based next-generation firewalls to similarly priced solutions from vendors that utilize generic processors for networking and security.

Network
Processor 7
NP7
Network Processors operate
in-line to deliver unmatched
performance for network
functions and hyperscale for
stateful firewall functions.
1 Industry average (entry-level) is calculated as the average of the similarly priced PAN-820, Cisco FPR-1120, Juniper SRX-345, and Check Point SG-3600. Industry average (high end) is calculated as the average of the similarly priced PAN-7050, Cisco FPR-9300, Juniper SRX-5400, and Check Point SG-28000. All data from public datasheets. 2 Fortinet metrics from public datasheets.

Content
Processor 9
CP9
As a co-processor to the main
CPU, Content Processors
offload resource-intensive
processing and drive content
inspection to accelerate
security functions.

Systemon-a-Chip 4
SoC4
The System-on-a-Chip
consolidates network and
content processing, delivering
fast application identification,
steering, and overlay
performance.

FortiSPU™-NP7
T6WYOSBG-0001
FortiASIC-CP9
1824QPF21
FortiSoC4
1403LP699
Specification FortiGate
4801F1
Security
Compute
Rating
Industry
Average2
PAN
PA-54503
Check Point
Quantum
28000
Cisco
FPR-4145
Juniper
SRX-54004
Firewall 2.4 Tbps 15x 158 Gbps 136.4 Gbps 145 Gbps 80 Gbps 270 Gbps IPsec VPN 800 Gbps 19x 42 Gbps 34.8 Gbps 49 Gbps 23 Mbps 60 Gbps Threat Prevention 70 Gbps 1.5x 46 Gbps 61.8 Gbps 30 Gbps N/A N/A SSL Inspection 55 Gbps 5.5x 10 Gbps N/A N/A 10 Gbps N/A Concurrent
Sessions 280M/1760M2
34x 51M 40M 32M 40M 91M
Connections
per second 900K/25M2
19x 1.3M 1.45M 615K 1.5M 1.7M
4 3
2 1
0 80
60 40
20 0
400
300
200
100
0 10
8 6
4 2
0 10
8 6
4 2
0 30
20 10
5 0
Entry-level Appliances
SSL Inspection
(Gbps)
SSL Inspection
(Gbps)
Industry
Avg (1)
Industry
Avg (1)
Industry
Avg (1)
Industry
Avg (1)
Industry
Avg (1)
Industry
Avg (1)
FG 200F
(2)
FG
4401F(2)
FG
4401F(2)
FG
4401F(2)
FG
200F (2)
FG
200F (2)
Connections Per
Second (K)
Connections Per
Second (M)
Power Consumption
(Watts/Gbps FW)
Power Consumption
(Watts/Gbps FW)
6x
More
9x
More
9x
More
9x
More
7x
Less
7x
Less
Ultra-scalable and
high-performance
Security
Flexible, scalable
dynamic,
segmentation
Secure, ultra-highperformance DCI
with 400G support
Notes:

1. Fortinet: Enabled by a Hyperscale License

2. PAN: Calculated with 2xNC and 2xDPC cards, no services and support. PAN Application Firewall used as they don’t publish stateful FW

3. Juniper: SRX5400E-B2 8
City Council 14 – 63 8/20/2024
Training and Certifications
Our Pledge to Train 1 Million People by 2026
Fortinet has pledged to train 1 million people globally over 5 years through its Training Advancement Agenda (TAA) and Fortinet Training Institute programs to help close the cybersecurity skills gap. January 2022 marked the start of this five-year pledge that will use Fortinet’s award-winning certification program content as the basis for meeting this goal. The Fortinet Training Institute has been recognized by various organizations for our contribution to excellence in cybersecurity training and certification as well as our many programs that help close the cybersecurity skills gap.

New Fortinet Security Awareness and Training Service
The Security Awareness and Training service offers every organization the ability to further protect their critical digital assets from cyber threats by building employee cybersecurity awareness and creating a cyber-aware culture.

Free cybersecurity awareness and training for all U.S. School Districts At the National Cyber Workforce and Education Summit at the White House on July 19, 2022, Fortinet announced it is offering a customized academic version of its Security Awareness and Training service free to all U.S school districts starting with more than 8 million staff and faculty. This offering is part of Fortinet’s mission to help close the cybersecurity skills gap.

Figures as of June 30, 2022
Information Security Awareness
Learn about today's cyberthreats and how you can
secure your information.

Security Associate
Learn about security solutions that have been created to address security problems faced by organizations.

Security Associate
Learn about the key Fortinet products and the cybersecurity problems they address.

Professional
Develop the knowledge required to manage the day-to-day configuration, monitoring, and operation of FortiGate devices to support corporate network security policies.
3 NSE

ASSOCIATE
Analyst
Develop a detailed understanding of how to implement network security management and analytics.

Specialist
Develop an understanding of the Security Fabric products that augment FortiGate, providing deeper and more comprehensive network security.

Architect
Develop the knowledge required to integrate Fortinet products into network security solution deployment and administration.

Expert
Demonstrate the ability to design, configure, install, and troubleshoot a comprehensive network security solution in a live environment. 6 NSE

SPECIALIST
Fortinet NSE Certification Program
The Fortinet Network Security Expert (NSE) Certification Program is an 8-level training and assessment program
designed for customers, partners, and employees to help close the cybersecurity skills gap. With over 840,000
security certifications to date, Fortinet delivers expert-level training in local languages in 136 countries and territories worldwide through our ecosystem of Authorized Training
Centers, academic partners, and a variety of online options (many of them free of charge).

Fortinet Training & Education Partner Programs
The Fortinet Training Institute’s ecosystem of public and private partnerships help Fortinet address the skills gap by increasing the access and reach of our cybersecurity certifications and training. The Academic Partner program works with academic institutions including K-12 and higher education. The Education Outreach program partners with industry, academia, government, and nonprofits to reach a broad population, in 94 countries and territories, while also focusing on recruiting women, minorities, veterans, and other underrepresented groups.
29 EDUCATION OUTREACH

PARTNERS
930,000+

CERTIFICATIONS
471

ACADEMIES

PARTNERS
Learn more at Fortinet.com/nse-training
9 City Council 14 – 64 8/20/2024
The Engage Partner Program is designed to help partners built a valuable, highly-differentiated security practice that leverages the industry’s best solutions to drive customer success. Fortinet’s global partner program is driven by three basic concepts:

Growth Through Technology Differentiation
Fortinet’s breadth of products are tightly integrated into one highly-automated, high-performing platform that
spans endpoint, network, and cloud, and includes tools
to easily connect with adjacent technologies.

Fortinet is a channel-centric company
that has created a large, global network of
trusted advisors that customers can rely on
to secure their digital transformation and
strategically drive their business growth.

Our Global Partner Commitment
Analyst Recognition
60,000+

ACTIVE PARTNERS
• Network Firewall
• SD-WAN
• WLAN/LAN
• Endpoint
• SIEM
• WAAP
• Indoor Location
Services
• Network
Firewall
• WLAN/LAN
Access
Infrastructure
• Email Security
• WAN Edge
Infrastructure
• DEM
• VPN
• NAC
• EMAIL
• IRM
• XDR
• SOAR
• Indoor Location
Services
Network Firewall
• Data-Center Edge
• Distributed Edge
SD-WAN
• Security w/
SD-WAN
• Small Branch WAN
• Remote Workforce
MAGIC

QUADRANTS
7 MARKET
GUIDES
8 WAVES
4 PLATFORM

NAVIGATOR
1 NOWTECHS
5 LEADERSHIP

COMPASS
2 #1 IN CRITICAL

CAPABILITIES
5 TOP VENDOR &

LEADERSHIP
AWARDS
6 2
GIGAOM
RADAR

PEER INSIGHTS
CUSTOMERS’
CHOICE
4 2

MARKETSCAPE

LEADER &

MAJOR PLAYER
• Enterprise
Email Security
• ICS
• Endpoint
Detection and
Response
• Enterprise
Firewalls
• Worldwide
SD-WAN
Infrastructure
• Modern
Endpoint
• WAF
• All-In-One
ZeroTrust
Edge
• SoftwareDefined WAN
• Endpoint
Detection and
Response
• Enterprise
EmailSecurity
• SD-WAN
• Critical
Infrastructure
• SWG
• NAC
• WAN Edge
Infrastructure
• North America
Healthcare
• IT/OT Security
Platform
• SIEM
• ICS
• Security Service
Access (SSA) -
Forward Mover
• Zero-Trust
Network Access
(ZTNA) - Fast
Mover
Business Success with Proven Credibility
Fortinet’s superior technology innovation and industry
leading threat intelligence, alongside our customer ratings and independent analyst reports leadership validates and differentiates our partners’ offerings.

Long-term, Sustained Growth
The Engage Partner Program offers sustained sales,
marketing, and executive support so you can grow
productive, predictable, and successful relationships.

With drivers of growth built into the program, like our Specializations, we provide paths to expertise for solutions that are driving demand in the market — ensuring you are positioned for success.
10 City Council 14 – 65 8/20/2024

CUSTOMER RECOGNITION
Gartner Peer Insights Customers’
Choice distinctions are based
on the ratings of vendors by
verified end-user professionals
across a variety of industries
and from locations around the
world. These distinctions take
into account both the number
of end-user reviews a vendor
receives, along with the overall
ratings score a vendor receives
from those end users.

Fortinet is proud to be named
a Gartner Peer Insights
Customers’ Choice in several
critical areas:

Network
Firewalls
Wired and
Wireless
LAN Access
Infrastructure
Email Security
WAN Edge
Infrastructure
See our Gartner Peer Insights
reviews and distinctions at
www.gartner.com/reviews
Fortinet is recognized as a LEADER in 2 Gartner® 2021
Magic Quadrant™ Reports:

Fortinet is also recognized
in 4 additional Gartner 2021
Magic Quadrant Reports,
including a wide range
of technologies:

And Fortinet is an ‘Honorable
Mention’ in 2 additional
Gartner 2020/2021 Magic
Quadrant Reports:

GARTNER and MAGIC QUADRANT are registered trademarks and service marks of Gartner, Inc. and/or its affiliates in the U.S. and internationally and are used herein with permission. All rights reserved. Gartner Peer Insights content consists of the opinions of individual end users based on their own experiences with the vendors listed on the platform, should not be construed as statements of fact, nor do they represent the views of Gartner or its affiliates. Gartner does not endorse any vendor, product or service depicted in this content nor makes any warranties, expressed or implied, with respect to this content, about its accuracy or completeness, including any warranties of merchantability or fitness for a particular purpose. • Only vendor with all three
VB100, VBSpam, and VBWeb
certifications
• Highest “VBSpam+” rating
• Antiphishing Approved
Certified in 5 technology areas:
• Anti-Malware Network
• Network Firewall
• IPsec VPN
• Web Application Firewall
• Advanced Threat Defense
100% Protection, 2 Years in a Row
• All Test Cases
• All Signature-Independent
• Top Analytical Detection
Network Firewalls WAN Edge Infrastructure
Secure Web
Gateway
Indoor Location
Services
Third Party Testing and Certifications
Fortinet submits its products for impartial, third party performance and effectiveness testing with the most prominent organizations in the industry, with consistent positive results.

Web Application
and API
Protection
Wired and
WLAN
SIEM
Endpoint
Protection
Platforms
Gartner, Gartner Peer Insights ‘Voice of the Customer’:

Network Firewalls, Peer Contributors, 9 April 2021
Gartner, Gartner Peer Insights ‘Voice of the Customer’:

Wired and Wireless LAN Access Infrastructure, Peer
Contributors, 12 May 2021
Gartner, Gartner Peer Insights ‘Voice of the Customer’:

Email Security, Peer Contributors, 5 February 2021
Gartner, Gartner Peer Insights ‘Voice of the Customer’:

WAN Edge Infrastructure, Peer Contributors,
5 February 2021
The GARTNER PEER INSIGHTS CUSTOMERS’ CHOICE
badge is a trademark and service mark of Gartner, Inc.
and/or its affiliates and is used herein with permission. All rights reserved. Gartner Peer Insights Customers’ Choice constitute the subjective opinions of individual end-user reviews, ratings, and data applied against a documented methodology; they neither represent the views of, nor
constitute an endorsement by, Gartner or its affiliates.

Learn more at Fortinet.com/solutions/gartner-magic-quadrants 11 City Council 14 – 66 8/20/2024
Copyright © 2022 Fortinet, Inc. All rights reserved. Fortinet® , FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Certain offerings mentioned herein may not be generally available, and Fortinet reserves the right to change, modify, transfer or otherwise revise this publication without notice, and the most current version of the publication shall be applicable Revision: Q2 / 2022 v2 07.06.22
Fortinet secures over half a million enterprises, service providers, and government organizations around the world.

Visit Fortinet.com/Customers to see how many of our customers benefit from Fortinet solutions and the Fortinet Security Fabric. 5th largest airline in the
United States.

A chain of double drive-thru
restaurants in the United States.

The company operates Checkers and
Rally's restaurants in 28 states,
and the District of Columbia.

One of the UK’s largest
universities, the University of
Birmingham is over 100 years
old with over 30,000 students
across the world.

Provider of online financial services
to more than 42 million individual
users and more than 300 corporate
users in Hong Kong,
Mainland China, and Indonesia.

A global leader in managed services
providing end-to-end fully managed
cybersecurity, networking, and
digital signage solutions tailored to the
unique business requirements
of today’s enterprise.

Sweden’s largest regional
health provider.

Orange is one of the world’s leading
telecommunications operators
and global provider of IT and
telecommunication services.

Provider of flexible hybrid IT
solutions for business
and government.

SoftBank is a multinational
conglomerate that aspires to drive
towards digital transformation.

HQ: United States
HQ: United States
HQ: United States
HQ: United Kingdom HQ: Hong Kong
HQ: Sweden
HQ: France HQ: Austrailia
HQ: Japan
City Council 14 – 67 8/20/2024
Hit the ground running with new capabilities
Fast-track return on investment with streamlined migration and deployment
Get expert help when you need it
Accelerate incident resolution and maximize efficacy with 24x7 assistance from technical experts
Enhance your security with tailored guidance
Increase productivity and avoid incidents with operational reviews, account planning, and upgrade assistance
FortiCare Services
Technical Support, Advanced Services, and
Professional Services
Expertise at Your Service
n 24x7 Global Support
n 1,400+ NSE and Industry
Certified Global Resources
n 3 Regional Centers of
Expertise
n 23 Support Centers
n 40 Regional Depots
n 200+ In-country Depots
n 4-hour Expedited Hardware
Replacement Availability
FortiCare Worldwide
24x7 Support
support.fortinet.com
Confidence in Your Investment
Businesses are making huge investments in security and Fortinet Security Fabric technologies to provide essential services critical to securing their most valuable assets. Organizations often lack the in-house expertise or resources for initial deployment, product support, and ongoing operations. At Fortinet, we understand these challenges and provide FortiCare Services to thousands of organizations every year to address them.

We want organizations to feel confident that they are maximizing the value of their investments quickly and realizing efficiency and efficacy gains over time. Whether migrating to a Fortinet Next-Generation Firewall (NGFW), implementing softwaredefined wide-area networking (SD-WAN) to protect your branch locations, or automating security operations functions, we will work with you to match the proper services with your unique business needs. We are dedicated to your success and provide the expertise you need when you need it.

Services
FortiCare Support Services is per-device support services, and it provides customers access to over 1,400 experts to ensure efficient and effective operations and maintenance of their Fortinet capabilities. Global technical support is offered 24x7 with flexible add-ons, including enhanced service level agreements (SLAs) and premium hardware replacement through 200+ in-country depots.

Advanced Services is account-based services, and provides high-touch account management and business guidance through designated resources to meet the needs of enterprises and service providers. Additionally, Enterprise Support Agreements (ESAs) are available to simplify consumption of the services. 1 City Council 14 – 68 8/20/2024
FortiCare Services | Technical Support, Advanced Services, and Professional Services 2 Professional Services provides accelerated implementation and configuration optimization through QuickStart or custom engagements leveraging the services of highly skilled experts to promote first-time accuracy and avoid costly post-deployment issues.

The Journey
Adopting new technologies is not a project with a start and a finish. Instead, it is a journey from design and implementation to operations, optimization, and ongoing management of the solution. Fortinet has you covered every step of the way, freeing up your resources to focus on your business.

Feature Highlights: Technical Support
Organizations depend on Fortinet solutions to provide critical services. If any issues arise, they need to be addressed quickly to help ensure security and business continuity. Flexible support options help organizations maximize uptime, security, and performance according to the individual needs of each business.

Fortinet offers three different per-device support options to meet the needs of different devices, i.e., FortiCare Essential, FortiCare Premium, and FortiCare Elite. Organizations have the flexibility to buy different levels of service for different devices based on their needs.

FortiCare Essential
FortiCare Essential is the base-level
service, and it is targeted toward devices
that require a limited amount of support
and can tolerate next-business-day,
web-only response for critical as well as
non-critical issues. This service is only
offered to FortiGate models 8x and below
and to low-end FortiWifi devices.

FortiCare Premium
FortiCare Premium is targeted toward
devices that require 24x7x365 with
one-hour response for critical issues
and the next business-day response
for non-critical issues.

FortiCare Elite
FortiCare Elite services offers enhanced
service-level agreements (SLAs) and
accelerated issue resolution. This
advanced support offering provides
access to a dedicated support team.

Single-touch ticket handling by the
expert technical team streamlines
resolution. This option also provides
Extended End-of-Engineering-Support
(EoE’s) of 18 months for added flexibility
and access to the new FortiCare Elite
Portal. This intuitive portal provides
a single unified view of device and
security health.

City Council 14 – 69 8/20/2024
FortiCare Services | Technical Support, Advanced Services, and Professional Services 3 FortiCare
Included Features
Per-device Service Options
FortiCare

ESSENTIAL
FortiCare

PREMIUM
FortiCare
ELITE
RMA Return and replace only Advanced replacement
(PRMA available)
Advanced replacement
(PRMA available)
Web Support ✓ ✓ ✓
Telephone Support — ✓ ✓
Firmware Updates ✓ ✓ ✓
Asset Management Portal ✓ ✓ ✓
Response Time (Critical Issue) Next business day 1 hour 15 mins Response Time (Non-critical Issue) Next business day Next business day 2 business hours Extended End-of-Engineering-Support (E-EoES) for
Long Term Supported Firmware (LTS) of 18 months* — — ✓
Device Insights and Monitoring Portal
(FortiCare Elite Portal) — — ✓
FortiCare Service Offerings
FortiCare Services is provided by the support teams located in the three regional Technical Assistance Centers (TACs) and three regional Centers of Excellence (COE).

Fortinet Technical Assistance Centers
Regional COE:
n Vancouver
n Sophia Antipolis
n Kuala Lumpur
AMER Regional TAC:
n Ottawa
n Chicago
n Sunnyvale
n Plano
n Sunrise
n Mexico City
n Bogota
n Uberlandia
EMEA Regional TAC:
n Bangalore
n Dubai
n Frankfurt
n Prague
n Lisbon
n Tel Aviv
APAC Regional TAC:
n Beijing
n Sydney
n Seoul
n Tokyo
n Manila
n Singapore
* Currently available for FortiGate only
City Council 14 – 70 8/20/2024
FortiCare Services | Technical Support, Advanced Services, and Professional Services 4 Self-service Resources
For expedited answers, Fortinet maintains ample self-service resources to get you the answers you need, fast. All the answers to your questions are now in one place. The Fortinet community is a knowledge-sharing hub for customers, partners, Fortinet experts, and colleagues. The community is a place to collaborate, share insights and experiences, and get answers to questions. community.fortinet.com
Feature Highlights: Advanced Services
For enhanced security and tailored guidance, FortiCare Advanced Services gives you direct assistance from technical experts who know your business and can help accelerate issue resolution. With designated account management and service delivery, you can focus on your business while we focus on your success.

Designated Advanced
Technical Support for focused resolution of incoming technical support issues.

Service Relationship
Management
annual service and performance review. Quarterly operational review to cover technical ticket statistics, quality issues, overall ongoing ticket analysis, product life cycle, ongoing activity, and 90-day project planning.

Root Cause Analysis of critital incidents (Priority-1 and Priority-2) related to Fortinet appliances.

Upgrade Assistance which may include software recommendation, upgrade testing, and planning assistance.

Advanced Service Points for remote after-hours assistance, product upgrade assistance, and software recommendations.

Annual Training Package including NSE 4 and NSE 5 training and certification vouchers.

Entitlements vary by level but can include:

City Council 14 – 71 8/20/2024
FortiCare Services | Technical Support, Advanced Services, and Professional Services 5 Enterprise Services offerings come in four levels: Premium, Business, First, and Global First..

Service Provider offerings come in two levels: Select and Elite. Benefits vary by level.

FortiCare
Included Features
Account-level Advanced Services
Premium Business First Global First
Technical Support 24x7x365 24x7x365 24x7x365 24x7x365
Direct Access to ASE Team ✓ Designated ASE Lead TAM 3 Regional TAMs Enhanced Reponse SLA ✓ ✓ ✓ ✓
Business Review — Biannual Quarterly Quarterly
Account Planning ✓ ✓ ✓ ✓
Device Performance Advice — — ✓ ✓
Device Configuration Advice — — ✓ ✓
Root Cause Analysis — P1 P1/P2 P1/P2
NSE 4 Training & Certification 3 3 5 15
NSE 5 Training & Certification — 3 5 15
Advanced Services Points — 6 16 48
FortiCare
Included Features
Account-level Advanced Services
Select Elite Global Elite
Technical Support 24x7x365 24x7x365 24x7x365
Direct Access to ASE Team ✓ Lead TAM Lead TAM
Enhanced Reponse SLA ✓ ✓ ✓
Business Review — Quarterly Quarterly
Account Planning ✓ ✓ ✓
Performance/Configuration Advice — ✓ ✓
Designated Relationship Manager ✓ ✓ ✓
18-month Extended Firmware — ✓ ✓
Lab Testing 5 Days 5 Days 15 Days
Upgrade Assistance — 2 Products 6 Products
Root Cause Analysis P1/P2 P1/P2 P1/P2
NSE 4 Training & Certification 3 5 15
NSE 5 Training & Certification 3 5 15
Advanced Services Points 6 12 36
City Council 14 – 72 8/20/2024
FortiCare Services | Technical Support, Advanced Services, and Professional Services 6 Key benefits to engaging Fortinet Professional Services:

In addition, Global First for Enterprises and Global Elite for Service Providers are available to extend the geographical coverage of the service. These service levels provide a designated lead engineer per region covering EMEA, Americas, and Asia Pacific.

The service features, as described in the First service, are provided within each region with global coordination.

Feature Highlights: Professional Services
As networks and threats rapidly evolve, it’s critical to make sure security capabilities can keep up. Given the global cybersecurity skills shortage, today’s organizations often lack the in-house expertise or enough staff to deploy, operate, and maintain the new technologies required to close security gaps. FortiCare Professional Services delivers expert help to ensure Fortinet deployments are optimized for each customer’s unique needs.

Professional Services provides Design, Deploy, Operate, Optimize, and Evolve services. In addition, Professional Services also offers product-agnostic consulting services.

Design
Business Alignment
• High-level Design
• Low-level Design
• Product-agnostic Workshops
• Site Survey
Evolve
Personalized Care
• Product Upgrade Assistance
• Transformation Readiness
• Migration and Replacement
• Lab Testing
Optimize
Performance Excellence
• Health Checks
• Software Upgrade Recommendation
• Incident Readiness
• Penetration Testing
Deploy
Acceleated Implementation
• Migration
• Configuration
• Validation
• Knowledge Transfer
Operate
Reliable Assistance
• Resident Engineer
• Training
Faster Time-to-Value
Increased Service Uptime
Access to Industry Expertise
Increased Productivity
Hit the ground running with new capabilities, achieve faster time-to-value with streamlined expert deployment of Fortinet products and solutions.

Achieve increased uptime by leveraging subject matter experts who can proactively review changes, performance, and policies for reliability and sustained security.

Supplement in-house teams with dedicated resources that can bring industry expertise to perform upgrades or handle technical incidents.

Increase staff productivity by offloading redundant operational tasks including configurations to Fortinet domain experts who know your business
City Council 14 – 73 8/20/2024
FortiCare Services | Technical Support, Advanced Services, and Professional Services Copyright © 2022 Fortinet, Inc. All rights reserved. Fortinet®, FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Fortinet reserves the right to change, modify, transfer, or otherwise revise this publication without notice, and the most current version of the publication shall be applicable. www.fortinet.com
April 29, 2022 12:09 PM
FIDDLE LEAF:Graphic Design:Fortinet:Projects:fa-forticare-services-brochure:fa-forticare-services-brochure-042922 Folder:fa-forticare-services-brochure-042922 1563571-0-0-EN
Cybersecurity Advisory and Consulting Services allow our experts to partner with business leaders, helping organizations be at their best through this ever-changing environment. Fortinet experts discover existing security posture elements through a vendor-agnostic approach; align findings to business goals, strategic objectives, and compliance requirements; and guide existing projects and future planning toward framework maturity.

Discover
Business Goals
Security Posture
Systems/Objectives
Align
Security Framework
Compliance Requirements
Strategic Objectives
Guide
Architectural Design
Operational Practices
Maturity Roadmap
Threats
What are the most
important threats on which
I should focus?
Environment
Is my environment as
secure as it needs to be?
Operations
Are my people
properly trained to
defend us against the
threats we face?
FortiGuard Labs Consulting
Consulting services are designed to help your organization address your specific threat landscapes and improve your organization’s ability to use threat intelligence to meet that challenge. These services leverage the expertise and experience of the FortiGuard Labs team and provide the answers to the questions organizations are asking most:

City Council 14 – 74 8/20/2024
Fortinet Product Certifications

BROCHURE
2H’21
City Council 14 – 75 8/20/2024
BROCHURE | Fortinet Product Certifications
2 Fortinet Product Certifications
Organizations looking to expand, upgrade, or replace their security solutions often find themselves struggling to compare solutions from different vendors. In addition to consistent information about features and functions, they also need information about the compliance and certification level of individual solutions and whether they will enable them to meet regulatory requirements.

To help companies navigate this process, third-party labs and auditors conduct independent testing to enable a fair comparison between products for things like performance, compliance, and functionality. Using industry standards and advanced benchmarking technologies, such as independent validation of products and services, is essential for businesses to evaluate whether a solution will meet their unique business requirements.

Third-party Testing
Fortinet has actively participated in third-party testing since we first opened our doors. We are committed to the testing and certification process and believe that it provides three key benefits:
n It validates our design and development process. Third-party labs set standards for functionality, performance, and real-world use cases that help drive the development of key features.

Certifications At-a-Glance
n Fortinet’s commitment to
innovation and excellence
has earned the respect of
independent test labs around
the world
n 25+ years of consistent
testing and compliance
n A wide range of global
certifications across verticals
n It helps improve our technology. Direct feedback from standardized benchmark testing helps us in our effort to continually improve our technologies.
n It allows our customers to easily compare our technologies against solutions from other vendors. Annual testing helps us set the bar higher every year, with the objective of achieving a leadership position in every test in which we participate.

Certifications and Regulatory Compliance
Public and private sector organizations alike require solutions that meet regulatory and compliance requirements. Fortinet is committed to meeting a wide range of national, regional, and international requirements, and we subject our solutions and services to independent third-party audits and testing to guarantee compliance.

The Fortinet Certifications Resource Center (CRC)
Fortinet’s CRC is the repository for product compliance reports, certifications, and independent validation results from unbiased agencies. The scope of Fortinet’s product certifications includes the following categories:

Product Certifications
Independent lab testing of Fortinet
products using industry standards,
best practices, and real-world
testing environments
Information Security
Certifications and examinations of
Fortinet’s infrastructure security
and networking solutions
Compliance
Certifications attesting to
Fortinet products’ compliance
with public sector regulatory
frameworks and standards
City Council 14 – 76 8/20/2024
BROCHURE | Fortinet Product Certifications
3 Product Certifications Overview
Category Certification Description Latest Publication Date Product
Certifications
ICSA Labs
ICSA Labs is an independent division of Verizon. They provide third-party testing and certification of security and health-related IT products and network-connected devices to measure product compliance, reliability, and performance.

IPsec VPN 08/10/2021
Firewall 08/25/2021
WAF 09/27/2021
AV-Comparatives
AV-Comparatives is an independent lab offering systematic testing to determine whether security software—such as PC/Mac-based antivirus products and mobile security solutions—lives up to its claims. Using one of the largest sample collections in the world, they create a real-world environment for truly accurate testing. Certification by AV-Comparatives provides a globally recognized seal of approval for software performance.

Business Security Test:

Mar-Jun 2021
SE Labs
SE Labs tests a range of solutions, including endpoint software, network appliances, and cloud services, on their ability to detect attacks, protect against intrusions, or both.

Email Security Services
Protection: Jan-Mar 2020
MEF 3.0
MEF 3.0 is an SD-WAN Certification Program that uses Spirent as their SDWAN Authorized Certification and Test Partner (ACTP). Certification involves rigorous tests of the service attributes and requirements defined in MEF 70 and described in detail in the upcoming MEF SD-WAN Certification Test Requirements (MEF W90) standard.

MEF 3.0 SD-WAN:

Jun 2020
Virus Bulletin
VB is a world leader in security software testing. Their publicly available test reports cover anti-malware protections of all types as well as enterprise-level email and web security solutions.

VBSpam Sept 2021
VB100 Sept 2021
MITRE Engenuity
MITRE Engenuity's ATT&CKTM evaluations assess the ability of a vendor's solutions to defend against specific adversary tactics and techniques. They openly publish these results to provide end-users with the information needed to make good purchasing decisions. These evaluations are not a competitive analysis. There are no scores, rankings, or ratings. Instead, they show how each vendor approaches threat detection in the context of the MITRE ATT&CK knowledge base to provide an unbiased assessment of detection and protection capabilities and highlight potential gaps to drive the industry forward.

Round 3: Fin7/Carbanak:

Apr 2021
Information
Security
SOC2
SOC2 is an auditing procedure that ensures that service providers securely manage their customers' data. It covers their security, availability, processing integrity, confidentiality, and/or privacy controls. Compliance is based on the AICPA's (American Institute of Certified Public Accountants) TSC (Trust Services Criteria).

SOC2 Type 2:

Apr-Sept 2021
ISO
ISO/IEC 27001 is an international standard for managing information security. It defines requirements and controls for establishing, implementing, maintaining, and continually improving an organization's Information Security Management System (ISMS).

ISO/IEC 27001:

Jun 2021-Jun 2024
Government
Regulations
FIPS Validated
The Federal Information Processing Standard 140-2 (FIPS 140-2) is an information technology security accreditation program for validating cryptographic modules developed by vendors that meet well-defined security standards.

FIPS 140-2
Level 1 Aug 2021
FIPS 140-2
Level 2 Sept 2021
Common Criteria
Common Criteria is an international standard (ISO/IEC 15408) operated by 17 certificate-authorizing nations. 31 countries have accepted it for their respective government acquisition requirements for their IT/networking infrastructures.

CC EAL4+ Oct 2021
FWcPP+IPS
+VPN Jan 2021
City Council 14 – 77 8/20/2024
BROCHURE | Fortinet Product Certifications
Copyright © 2021 Fortinet, Inc. All rights reserved. Fortinet®, FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Fortinet reserves the right to change, modify, transfer, or otherwise revise this publication without notice, and the most current version of the publication shall be applicable. www.fortinet.com
December 17, 2021 9:47 AM
1380665-0-0-EN
Summary
Fortinet is committed to the independent testing and certification of its products and services. ICSA, AV-Comparatives, Virus Bulletin, and other independent testing organizations have consistently validated the effectiveness of Fortinet solutions.

Fortinet earned ICSA’s prestigious Excellence in Information Security Testing (EIST) award for 15 years of participation in 2017 and has been recognized by ICSA for outstanding achievement in information security certification testing 10 years in a row. “Real-world third-party validation is an essential resource for enterprises considering security products, helping to cut through the confusion that can be caused by vendor marketing. Fortinet relies on a variety of third-party testing and compliance labs to provide reliable information to organizations making critical security purchasing decisions. They also demonstrate Fortinet’s commitment to meeting high industry standards for security detection, performance, reliability, management, and value.” - Fortinet CEO Ken Xie
City Council 14 – 78 8/20/2024
Product License Agreement / EULA and Warranty Terms
Product License Agreement
The parties to this agreement are you (the end-customer) and Fortinet, Inc. ("Fortinet"). CAREFULLY READTHE FOLLOWING LEGAL AGREEMENT (THE OR THIS “AGREEMENT” OR “EULA”). USE OR INSTALLATION OF FORTINET PRODUCT(S) AND ANY UPDATES

THERETO, INCLUDING HARDWARE APPLIANCE PRODUCTS, SOFTWARE AND FIRMWARE INCLUDED THEREIN BY FORTINET, AND STAND-ALONE SOFTWARE PRODUCTS SOLD BY FORTINET (TOGETHER, THE "PRODUCTS") CONSTITUTES ACCEPTANCE BY YOU OF THE TERMS IN THIS AGREEMENT, AS AMENDED OR UPDATED FROM TIME TO TIME IN FORTINET’S DISCRETION BY FORTINET PUBLISHING AN AMENDED OR UPDATED VERSION. FORTINET SHALL NOT BE BOUND BY ANY ADDITIONAL AND/OR CONFLICTING PROVISIONS IN

ANY ORDER, RELEASE, ACCEPTANCE OR OTHER WRITTEN CORRESPONDENCE OR OTHER WRITTEN OR VERBAL COMMUNICATION UNLESS EXPRESSLY AGREED TO IN A WRITING SIGNED BY THE GENERAL COUNSEL OF FORTINET. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT START THE INSTALLATION PROCESS OR USE THE PRODUCTS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY, AND IN NO EVENT LATER THAN FIVE (5) CALENDAR DAYS AFTER YOUR RECEIPT OF THE PRODUCT, IMMEDIATELY NOTIFY FORTINET LEGAL [email protected] OF REQUESTED EULA CHANGES.

1. License Grant.

This is a license agreement between you and Fortinet, not a sales agreement. The term "Software", as used throughout this Agreement, includes all Fortinet and third party firmware and software provided to you with, or incorporated into, Fortinet appliances and any stand-alone software provided to you by Fortinet, with the exception of any open source software contained in Fortinet’s Products which is discussed in detail in section 15 below, and the term “Software” includes any accompanying documentation, any updates and enhancements of the software or firmware provided to you by Fortinet, at its option. Fortinet grants to you a nontransferable (except as provided in section 5 ("Transfer") and section 15 ("Open Source Software") below), non-exclusive, revocable (in the event of your failure to comply with these terms, in the event of termination, or in the event Fortinet is not properly paid for the applicable Product) license to use the Software solely for your internal business purposes (provided, if (a) agreed by Fortinet in writing, (b) you are authorized by Fortinet in writing to provide managed service provider services (“MSSP”) to your end-customers, and (c) you pay for an MSSP license, then you may use the Software and/or Software embedded in Fortinet Hardware to provide those services, subject to the other restrictions in this Agreement), in accordance with the terms set forth in this Agreement and subject to any further restrictions in Fortinet documentation (including license term restrictions), and solely on the Fortinet appliance, or, in the case of blades, CPUs, platform, devices or databases, on the single blade, CPU, platform, device or database on which Fortinet installed the Software, or, for stand-alone Software, solely on a single computer running a validly-licensed copy of the operating system for which the Software was designed unless and except set forth in the published documentation otherwise. For clarity, notwithstanding anything to the contrary, all licenses of Software to be installed on blades, CPUs, platforms, devices or databases are licensed per blade, solely for one blade and not for multiple blades that may be installed in a chassis, per CPU, per platform, per device, or per database basis, up to the blade, CPU, platform, device, database number defined in the license and as applicable and in accordance with the documentation. The Software is "in use" on any appliances, blades, CPUs, platforms, devices, or databases when it is loaded into temporary memory (i.e. RAM), accessed, downloaded, installed, or used on an appliance, blade, CPU, platform, device, or database. You agree that, except for the limited, specific license rights granted in this section 1, you receive no license rightsto the Software.

2. Limitation on Use.

You are prohibited from and may not attempt to, and, if you are a corporation, you are responsible to prevent your employees and contractors from attempting to: (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, sublicense, or distribute the Software; (b) rent or lease any rights in the Software in any form to any third party or make the Software available or accessible to third parties in any other manner (except as expressly permitted for MSSP partners); (c) transfer assign or sublicense right to any other person or entity (except as provided in section 5): (d) remove any proprietary notice, labels, or marks on the Software, Products, and containers; (e) use the Software to determine, or disclose the results of, any benchmarking or performance measurements; (f) interfere with a platform for use of the Software; (g) use the Software on a device not owned and controlled by you; (h) use automated means to access online portions of the platform for the Software; (i) use the Software for thirdparty training, commercial time-sharing or service bureau use or (except as expressly set forth in this Agreement) use the Software to provide services to third parties, (j) share non-public features or content of the software with any third party; (k) access the software in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the software, or to copy any ideas, features, functions or graphics of the software; or, (l) engage in web scraping or data scraping on or related to the software, including without limitation, collection of information through any software that simulates human activity or any bot or web crawler.

3. Proprietary Rights.

All rights (including copyrights, trade secret, patent and other intellectual property rights), title, interest in and to the Software and any Product, and any copy thereof remain with Fortinet. You acknowledge that no title or other intellectual property rights in the Software or other Products is transferred to you and you will not acquire any rights to the Software or other Products except for the specific limited license as expressly set forth in section 1 (“License Grant”) above. You expressly agree and acknowledge that Fortinet owns, retains, and shall retain all intellectual property rights in and to, and you have no intellectual property rights in and to, the Products and the Software other than the License Grant. You agree to keep confidential all Fortinet confidential information and only to use such information for the purposesfor which Fortinet disclosed it.

4. Term and Termination.

The term of the license is the shorter of (a) the term as set forth in the ordering documents, other Fortinet documentation, or per Fortinet practices or policies (such as with evaluation or beta licenses or subscription or other term licenses) and (b) for the duration of Fortinet's copyright in the Software. Fortinet may terminate this Agreement, and the licenses and other rights herein, immediately without notice if you breach or fail to comply with any of the terms and conditions of this Agreement or for other reasons as stated in Fortinet’s other documentation. You agree that, upon such termination, you will cease using the Software and any Product and either destroy all copies of the Fortinet documentation or return all materials to Fortinet.

5. Transfer.

If you are a Fortinet contracted and authorized reseller or distributor of Products, you may transfer (not rent or lease unless specifically agreed to in writing by Fortinet) the Software to one end user on a permanent basis, provided that: (i) you ensure that your customer and the end user receives a copy of this Agreement, is bound by its terms and conditions, and, by selling the Product or Software, you hereby agree to enforce the terms in this Agreement against such end user, (ii) you at all times comply with all applicable United States export control laws and regulations, and (iii) you agree to refund any fees paid to you by an end user who purchased Product(s) from you but does not agree to the terms contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Further, if you are a non-authorized reseller of Products and Services, you are not authorized to sell Product(s), Software or Services, but, regardless, by selling Product(s), Software or Services, you hereby agree you are bound by the restrictions and obligations herein and are bound to: (i) ensure that your customer and the end user receive a copy of this Agreement and are bound in full by all restrictions and obligations herein (ii) enforce the restrictions and obligations in this Agreement against such customer and/or end user, (iii) comply with all applicable United States export control laws and regulations and all other applicable laws, and (iv) refund any fees paid to you by a customer and/or end user who purchased Product(s) from you but does not agree to the restrictions and obligations contained in this Agreement and therefore wishes to return the Product(s) as provided for in this Agreement. Notwithstanding anything to the contrary, distributors, resellers and other Fortinet partners (a) are not agents of Fortinet and (b) are not authorized to bind Fortinet in any way. Fortinet’s license, warranty, and support is only available for Products that you purchased directly from an authorized Fortinet channel partner. Products not purchased from an authorized Fortinet channel partner are not eligible, will not be supported, and may be blocked from registration.

6. Limited Warranty.

Fortinet provides this limited warranty for its product only to the single end-user person or entity that originally purchased the Product from Fortinet or its authorized reseller or distributor and paid for such Product. The warranty is only valid for Products which are properly registered on Fortinet’s Support Website, https://support.fortinet.com, or such other website as provided by Fortinet, or for which the warranty otherwise starts according to Fortinet’s policies, and any support is only valid for products properly purchased through authorized distributors and resellers. The warranty periods discussed below willstart according to Fortinet’s policies posted at http://www.fortinet.com/aboutus/legal.html or such other website as provided by Fortinet. It is the Fortinet distributor’s and reseller’s responsibility to make clear to the end user the date the product was originally shipped from Fortinet, and it isthe end user’s responsibility to understand the original ship date from the party from which the end user purchased the product. All warranty claims must be submitted in writing to Fortinet before the expiration of the warranty term or such claims are waived in full. Fortinet provides no warranty for any beta, donation or evaluation Products. Fortinet warrants that the hardware portion of the Products ("Hardware") will be free from material defects in workmanship as compared to the functional specifications for the period set forth as follows and applicable to the Product type ("Hardware Warranty Period"): (a) a three hundred sixty-five (365) day limited warranty for the Hardware products; (b) for FortiAP, the warranty herein shall last from the start of the warranty period as discussed above until five (5) years following the product announced end-of-life date Hardware; (c) for FortiSwitch Hardware appliance products other than the FortiSwitch-5000 series, the warranty herein shall last from the start of the warranty period as discussed above until five (5) years following the product announced end-of-life date Hardware. Fortinet's sole obligation shall be to repair or offer replacement Hardware for the defective Hardware at no charge to the original owner. This obligation is exclusive of transport fees, labor, deinstallation, installation, reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation related thereto. Such repair or replacement will be rendered by Fortinet at an authorized Fortinet service facility as determined by Fortinet.

The replacement Hardware need not be new or of an identical make, model, or part; Fortinet may, in its discretion, replace the defective Hardware (or any part thereof) with any reconditioned Product that Fortinet reasonably determines is substantially equivalent (or superior) in all material respects to the defective Hardware. The Hardware Warranty Period for the repaired or replacement Hardware shall be for the greater of the remaining Hardware Warranty Period or ninety days from the delivery of the repaired or replacement Hardware. If Fortinet determines in its reasonable discretion that a material defect is incapable of correction or that it is not practical to repair or replace defective Hardware, the price paid by the original purchaser for the defective Hardware will be refunded by Fortinet upon return to Fortinet of the defective Hardware. All Hardware (or part thereof) that is replaced by Fortinet, or for which the purchase price is refunded, shall become the property of Fortinet upon replacement or refund. Fortinet warrants that Software as initially shipped by Fortinet will substantially conform to Fortinet's then-current functional specifications for the Software, as set forth in the applicable documentation for a period of ninety (90) days ("Software Warranty Period"), if the Software is properly installed on approved Hardware and operated as contemplated in its documentation. Fortinet's sole obligation shall be to repair or offer replacement Software for the non-conforming Software with software that substantially conforms to Fortinet's functional specifications. This obligation is exclusive of transport fees, labor, de-installation, installation, reconfiguration, or return shipment and handling fees and costs, and Fortinet shall have no obligation related thereto. Except as otherwise agreed by Fortinet in writing, the warranty replacement Software is provided only to the original licensee, and is subject to the terms and conditions of the license granted by Fortinet for the Software. The Software Warranty Period shall extend for an additional ninety (90) days after any warranty replacement software is delivered. If Fortinet determines in its reasonable discretion that a material nonconformance is incapable of correction or that it is not practical to repair or replace the non-conforming Software, the price paid by the original licensee for the non-conforming Software will be refunded by Fortinet; provided that the non-conforming Software (and all copies thereof) is first returned to Fortinet. The license granted respecting any Software for which a refund is given automatically terminates immediately upon refund. For purpose of the above hardware and software warranties, the term “functional specifications” means solely those specifications authorized and published by Fortinet that expressly state in such specifications that they are the functional specifications referred to in this section 6 of this Agreement, and, in the event no such specifications are provided to you with the Software or Hardware, there shall be no warranty on such Software.

7. Disclaimer of Other Warranties and Restrictions.

EXCEPT FOR THE LIMITED WARRANTY SPECIFIED IN SECTION 6 ABOVE, THE PRODUCT AND SOFTWARE ARE PROVIDED "AS-IS"

WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY, IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, OR WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF ANY

IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL SHIPMENT FROM FORTINET. EXCEPT AS EXPRESSLY

COVERED UNDER THE LIMITED WARRANTY PROVIDED HEREIN, THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE HARDWARE

WARRANTY PERIOD DISCUSSED ABOVE DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS, INCLUDING FORTITOKEN WHICH HAS A 365 DAY WARRANTY FROM THE DATE OF SHIPMENT FROM FORTINET’S FACILITIES, AND THE SOFTWARE WARRANTY DOES NOT APPLY TO CERTAIN FORTINET PRODUCTS. YOU HEREBY ACKNOWLEDGE AND AGREE THAT NO VENDOR CAN ASSURE COMPLETE SECURITY

AND NOTHING HEREIN OR ELSEWHERE SHALL BE DEEMED TO IMPLY A SECURITY GUARANTEE OR ASSURANCE, AND FORTINET DISCLAIMS LIABILITY REGARDING YOUR WEB BROWSER’S REQUIREMENTS OR ANY THIRD PARTY DEVICE OR APPLIANCE USED TO OPERATE THE SOFTWARE.

The warranty in Section 6 above does not apply if the Software, Product or any other equipment upon which the Software is authorized to be used (a) has been altered, except by Fortinet or its authorized representative, (b) has not been installed, operated, repaired, updated to the latest version, or maintained in accordance with instructions supplied by Fortinet, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; (d) is licensed for beta, evaluation, donation, testing or demonstration purposes or for which Fortinet does not charge a purchase price or license fee; or (e) is procured from a nonauthorized reseller or non-authorized distributor. In the case of beta, testing, evaluation, donation or free Software or Product, the end user acknowledges and agrees that such Software or Product may contain bugs or errors and could cause system failures, data loss and other issues, and the end user agrees that such Software or Product is provided “as-is” without any warranty whatsoever, and Fortinet disclaims any warranty orliability whatsoever. An end user’s use of evaluation or beta Software or Product islimited to thirty (30) daysfrom original shipment unless otherwise agreed in writing by Fortinet. For clarity, notwithstanding anything to the contrary, allsales are final and no provision in this EULA entitles you to return Products, other than as expressly set forth herein.

8. Governing Law.

Any disputes arising out of this Agreement or Fortinet’s limited warranty shall be governed by the laws of the state of California, without regard to the conflict of laws principles. In the event of any disputes arising out of this Agreement or Fortinet’s limited warranty, the parties submit to the jurisdiction of the federal and state courts located in Santa Clara County, California, as applicable, and agree that any controversy or claim arising out of or relating to this Agreement shall be determined in the federal and state courts located in Santa Clara County, California, as applicable.

9. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY, FORTINET IS NOT LIABLE

UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, INFRINGEMENT OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY

LOSS OF USE OF THE PRODUCT OR SERVICE OR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT, SPECIAL, INCIDENTAL

OR CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFIT, LOSS OF OPPORTUNITY, LOSS OR DAMAGE RELATED TO USE OF THE PRODUCT OR SERVICE IN CONNECTION WITH HIGH RISK ACTIVITIES, DEINSTALLATION AND INSTALLATION FEES AND COSTS, DAMAGE TO PERSONAL OR REAL PROPERTY, WORK STOPPAGE, COMPUTER

FAILURE OR MALFUNCTION, COMPUTER SECURITY BREACH, COMPUTER VIRUS INFECTION, LOSS OF INFORMATION OR DATA

CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY PRODUCT INCLUDING ANY PRODUCT RETURNED TO FORTINET FOR

WARRANTY SERVICE) RESULTING FROM THE USE OF THE PRODUCT, RELATING TO WARRANTY SERVICE, OR ARISING OUT OF ANY BREACH OF THE LIMITED WARRANTY IN SECTION 6 ABOVE, EVEN IF FORTINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR A BREACH OF THE LIMITED WARRANTY IS, AT FORTINET’S SOLE AND ABSOLUTE DISCRETION:

REPAIR, REPLACEMENT, OR REFUND OF THE DEFECTIVE OR NON-CONFORMING PRODUCT AS SPECIFICALLY STATED IN SECTION 6 ABOVE; PROVIDED, HOWEVER, IN NO EVENT SHALL ANY END-CUSTOMER REMEDIES UNDER THIS EULA AND ANY SUPPORT

AGREEMENT EXCEED THE AMOUNT PAID TO FORTINET FOR THE SPECIFIC APPLICABLE DEFECTIVE OR NON-CONFORMING PRODUCT AT ISSUE.

10. Compliance with Laws, including Import/Export Laws and FCPA.

You are advised that the Products may be subject to the United States Export Administration Regulations and other import and export laws; diversion contrary to United States law and regulation is prohibited. You agree to comply with all applicable international and national laws that apply to the Products as well as end user, end-use, and destination restrictions issued by U.S. and other governments. For additional information on U.S. export controls see https://www.bis.doc.gov. Fortinet assumes no responsibility or liability for your failure to obtain any necessary import and export approvals and licenses, and Fortinet reserves the right to terminate or suspend shipments,services and support in the event Fortinet has a reasonable basisto suspect any import or export violation.

You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against you or otherwise suspended, revoked or denied your export privileges. You agree not to use or transfer the Products for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, you agree not to directly or indirectly export, import or transmit the Products contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use. Furthermore, you hereby agree that, for any orders that you place with Fortinet whereby any legal or regulatory requirements may apply to Fortinet such as requirements related to the International Traffic in Arms Regulations, or Buy American Act, or the Trade Agreements Act: you are responsible to ensure the Purchase Order submitted to Fortinet by you and/or any partners clearly states the specific requirement in writing, or otherwise Fortinet is not bound by any such requirements. You represent that you understand, and you hereby agree to comply with, all applicable laws including but not limited to the U.S. Foreign Corrupt Practices Act . You represent that you hereby agree that you and your employees have not accepted, and will not accept, anything of value, including money, meals, entertainment, paid-for travel, beta, testing, evaluation, donation or free Products and/or related services, or anything else of value, in exchange for Fortinet maintaining current business or for new business opportunities. You represent and warrant to Fortinet that you and your employees, consultants, agents and representatives will not use Fortinet’s products and services to engage in, or support in any way, violations or abuses of human rights, including those involving censorship, surveillance, detention, or excessive use of force. You agree you and your employees will be responsible to comply in full with all laws and policies applicable to any and all dealings with Fortinet in general and its distributors, resellers and partners.

11. U.S. Government End Users.

The Software and accompanying documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement and itssuccessors.

12. Tax Liability.

You agree to be responsible for payment of any sales or use taxesimposed at any time on thistransaction.

13. General Provisions.

Except as specifically permitted and required in section 5 (“Transfer”) above, you agree not to assign this Agreement or transfer any of the rights or obligations under this Agreement without the prior written consent of Fortinet. This Agreement shall be binding upon, and inure to the benefit of, the successors and permitted assigns of the parties. The United Nations Convention on Contracts for the International Sales of Goods is expressly excluded. This Agreement and other Fortinet agreements may be amended or supplemented only by a writing that refers explicitly to the agreement signed on behalf of both parties, or, for this Agreement, as otherwise expressly provided in the lead-in above Section 1 above, provided, notwithstanding anything to the contrary and except for this Agreement which may be amended or updated as expressly provided in the lead-in above Section 1 above, for any amendment or other agreement to be binding on Fortinet, such amendment or other agreement must be signed by Fortinet’s General Counsel. No waiver will be implied from conduct or failure to enforce rights nor effective unless in a writing signed on behalf of the party against whom the waiver is asserted. If any part of this Agreement is found unenforceable, that part will be enforced to the maximum extent permitted and the remainder shall continue in full force and effect. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. Notwithstanding anything to the contrary, this EULA constitutes the entire agreement between Fortinet and its end-customers and supersedes any and all prior representations or conflicting provisions, such as limitations of liability, warranties, or otherwise in any and all purported end customer agreements, whether entered into now or in the future. In the event of a conflict between this EULA and another agreement, this EULA shall prevail unless the conflicting agreement expressly states that it replaces this EULA, expressly referring to this EULA, and is agreed to in writing by authorized representatives of the parties (which, in the case of Fortinet, is Fortinet’s General Counsel).

14. Privacy.

You agree to Fortinet’s collection, use, disclosure, protection and transfer of your information, as set forth in the Fortinet privacy policy on the Fortinet web site (http://www.fortinet.com/about-us/privacy.html), including (a) Fortinet’s use of the Customer information to send information regarding Fortinet products and services; and (b) Fortinet’s disclosure of your information to provide assistance to law enforcement, governmental agencies and other authorities or to allow Fortinet to protect its Customers’ and/or end users’ rights.

15. Open Source Software.

Fortinet’s products may include software modulesthat are licensed (orsublicensed) to the user under the GNUGeneral Public License, Version 2, of June 1991 (“GPL”) or GNU Lesser General Public License, Version 2.1, of February 1999 (“LGPL”) or other open source software licenses which, among other rights, permit the user to use, copy, modify and redistribute modules, or portions thereof, and may also require attribution disclosures and access to the source code ("Open Source Software"). The GPL requires that for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users. For any Open Source Software covered under the GPL, the source code is made available on this CD or download package. If any Open Source Software licenses require that Fortinet provide rights to use, copy or modify any Open Source Software program that are broader than the rights granted in this agreement, then such rights shall take precedence over the rights and restrictions herein. Fortinet will provide, for a charge reflecting our standard distribution costs, the complete machine-readable copy of the modified software modules. To obtain a complete machine-readable copy, please send your written request, along with a check in the amount of US $25.00, to General Public License Source Code Request, Fortinet, Inc., 899 Kifer Rd, Sunnyvale, CA 94086 USA. To receive the modified software modules, you must also include the following information: (a) Name, (b) Address, (c) Telephone number, (d) E-mail Address, (e) Product purchased (if applicable), (f) Product Serial Number (if applicable). All open source software modules are licensed free of charge. There is no warranty for these modules, to the extent permitted by applicable law. The copyright holders provide these software modules “AS-IS” without warranty of any kind, either expressed or implied. In no event will the copyright holder for the open source software be liable to you for damages, including any special, incidental or consequential damages arising out of the use or inability to use the software modules, even if such holder has been advised of the possibility of such damages. A full copy of this license, including additional open source software license disclosures and third party license disclosures applicable to certain Fortinet products, may obtained by contacting Fortinet’s Legal Department at [email protected].

GNU GENERAL PUBLIC LICENSE GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
Source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time.

Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY

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March 2021 EULA; Copyright © 2021 City Council Fortinet, Inc., All Rights Reserved. Contents and Terms Are Subject to Change by Fortinet Without Prior Notice. 14 – 80 8/20/2024 Page 2 of 2 Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
August 20, 2024
TOPIC: Storage Containers

AGENDA TITLE
Aggregate Purchase Order Contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for Storage Container Purchase, Rental, Disposal, Transport, and Repair Services (Specification No. 24-053) (Non-General Fund)

RECOMMENDED ACTION
Award aggregate purchase order contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for as-needed storage container purchase, rental, disposal, transport, and repair services, in an annual aggregate amount of $110,000, for a total aggregate amount not to exceed $550,000, for an initial one-year term beginning August 21, 2024 and expiring August 20, 2025, with provisions for four 1-year renewal options.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency (PWA)’s Water Resources Division (Water Resources) oversees and maintains the daily operations of the water system and sanitary sewer system. The City’s water system is composed of approximately 478 miles of water mains, supplying the City’s drinking water, along with a sanitary sewer system of approximately 390 miles of sewer mains, serving 333,000 water valves, as well as over 8,200 sewer manholes and clean-outs.

This contract provides for the purchase, rental, disposal, transport, and repair services of storage containers on an as-needed basis. PWA relies on having specialty equipment, tools, and other items such as pipes, hydrants, and valves on hand for the repair and maintenance of the City’s water system infrastructure. The containers will be kept at various sites throughout the city and provide a secure location for these items.

Invitation for Bids (IFB) No. 24-053 was issued on April 18, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:

City Council 15 – 1 8/20/2024
Storage Containers
August 20, 2024

Page 2 ends

Santa Ana City CouncilAugust 20, 2024

Santa Ana City Council
August 20, 2024